in the 28th judicial district court

97
EX PARTE CARLOS DELUNA IN THE 28TH JUDICIAL DISTRICT COURT FOR NUECES COUNTY, TEXAS NO. 83-CR-194-A APPLICATION FOR WRIT OF HABEAS CORPUS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Carlos DeLuna, Petitioner in the above-styled and numbered cause, by and through his attorney, R. K. and files this his Application for Writ of Habeas Corpus, and in support thereof, would respectfully show this Honorable Court as follows: :1. CUSTODY Petitioner is confined on Death Row in the Ellis I Unit of the Texas Department of Corrections in Huntsville, Texas, pursuant to a judgment of conviction and sentence of death in -, , 1 Cause No. 83-CR-194-A pursuant to a jury verdict returned July 15, 1983, for the offense of capital murder, and the jury finding 1 the special issues to be true, the Court sentenced Petitioner to death. II. JUR:1SDICTION Petitioner invokes this Court's jurisdiction pursuant to Article 11.07, Texas Code of Criminal Procedure. APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 1

Upload: others

Post on 23-Mar-2022

2 views

Category:

Documents


0 download

TRANSCRIPT

EX PARTE

CARLOS DELUNA

IN THE 28TH JUDICIAL DISTRICT COURT

FOR NUECES COUNTY TEXAS

NO 83-CR-194-A

APPLICATION FOR WRIT OF HABEAS CORPUS

TO THE HONORABLE JUDGE OF SAID COURT

COMES NOW Carlos DeLuna Petitioner in the above-styled and

numbered cause by and through his attorney R K We~ver and

files this his Application for Writ of Habeas Corpus and in

support thereof would respectfully show this Honorable Court as

follows

1 CUSTODY

Petitioner is confined on Death Row in the Ellis I Unit of

the Texas Department of Corrections in Huntsville Texas

pursuant to a judgment of conviction and sentence of death in - 1 Cause No 83-CR-194-A pursuant to a jury verdict returned July

15 1983 for the offense of capital murder and the jury finding

1 the special issues to be true the Court sentenced Petitioner to

death

II JUR1SDICTION

Petitioner invokes this Courts jurisdiction pursuant to

Article 1107 Texas Code of Criminal Procedure

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 1

xxx PROCEDURAL HXSTORY

Petitioner is confined on Death Row in the Ellis I Unit of

the Texas Department of Corrections in Huntsville Texas

pursuant to a judgment of conviction and sentence of death in

Cause No 83-CR-194-A pursuant to a jury verdict returned July

15 1983 for the offense of capital murder and the jury finding

1 the special issues to be true the Court sentenced Petitioner to

death

The conviction and sentence were automatically appealed 1

pursuant to Texas law to the Texas Court of Criminal Appeals On

June 4 1986 Petitioners conviction was affirmed in Cause No

69245 See DeLuna v state 711 SW2d 44 (Tex Crim App

1986)

Petitioner was represented by court-appointed counsel at the

trial of the cause and one of his court-appointed counsel

represented him on appeal The latter abandoned him after~

I

affirmance by the Court of Criminal Appeals for the State of

Texas and Petitioners first execution date was set for October

14 1986

An Application for Stay of Execution to the United States li Supreme Court pending the filing of an Out of Time Writ of

-

Certiorari was filed on October 8 1986 and denied by the

Supreme Court of the United States on October 10 1986

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 2 ~

Simultaneously on October 8 1986 an original Application for

Writ of Habeas Corpus pursuant to Art 1107 TEX CODE CRIM

PRO along with an Application for Stay of Execution pending a

hearing was filed in the convicting court the 28th Judicial

District Court Nueces County Texas Petitioners Application

for Writ of Habeas Corpus was denied in an unpublished opinion on

October 9 1986 without the opportunity for an evidentiary

hearing An Appeal of the denial of an evidentiary hearing and

Motion for Stay of Execution were filed with the Texas Court of

Criminal Appeals on October 10 1986 the latter denying the

Appeal and the Stay of Execution that same date

On October 14 1986 Petitioner filed his original

Application for Writ Habeas Corpus pursuant to 28 USC sec

2254 in the United States District Court for the Southern

District of Texas Corpus Christi Division Petitioner raised

three issues in the original Application for Writ of Habeas

Corpus

(1) That Petitioners rights had been violated pursuant to the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS UNITED STATES CONSTITUTION in that the statutes allowed prosecutorial discretion in determining in a discriminating manner based on the victims race in which cases the death penalty would be sought

(2) That Petitioner was denied effective assistance of counsel pursuant to the SIXTH and FOURTEENTH AMENDMENTS UNITED STATES CONSTITUTION in several difference particulars by court appointed trial counsel

(3) That Petitioner was denied effective assistance of counsel on appeal by court appointed counsel

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 3

An Order for Stay of Execution was issued by the United

States District Court on October 14 1986

On November 12 1986 Respondent filed a Motion for Summary

Judgment requesting dismissal of Petitioners Application for

Writ of Habeas Corpus On January 25 1987 Petitioner filed his

Response to the Motion for Summary Judgment further delineating

aspects of proof that he intended to present at an evidentiary

hearing_ On February 3 1988 Respondent filed a Motion to

Expedite the Courts deCision On June 13 1988 the trial

court without an evidentiary hearing entered an unpublished

Order Dismissing Petitioners Application for Writ of Habeas

Corpus and Vacating the Stay of Execution On June 29 1988

Petitioner filed a Motion for Relief from the Order of June 13

1988 and simultaneously filed its First Amended Writ of Habeas

Corpus and Brief in support thereof in which Petitioner (1)

abandoned his first point of attack concerning the discriminating

application of the death penalty pursuant to the decision of

the Supreme Court of the United States in MCLeskey v Kemp 107

SCt 1756 (1987) (2) further delineated PetitionerAppellants

allegations of ineffective assistance of counsel at the time of

trial and (3) reiterated his claim of ineffective assistance of

counsel on appeal On July 12 1988 Petitioner filed a Motion

to Attach Affidavits along with a number of Affidavits supporting

the claim concerning his trial counsels failure to investigate

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 4

and present mitigating evidence that was available at the

punishment phase of trial On July 19 1988 the district court

entered an Order Denying Relief from Judgment and Petitioner gave

notice of appeal on July 28 1988 An unpublished panel Opinion

of the Court of Appeals for the Fifth Circuit was issued April

26 1989 affirming the dismissal of the Writ of Habeas Corpus

and Denying Relief from Judgment A Suggestion for Re-Hearing to

the Fifth Circuit was denied May 26 1989

An Application to Recall Mandate and to Stay the Setting of

an Execution Date Pending Certiorari was filed in the Fifth

Circuit however that Court has yet to rule on that Application

upon the States assurances that it would not seek to have an

execution date set until the case before the Supreme Court was

final Currently no execution date is set in this cause

On August 24 1989 a Petition for Writ of Certiorari to the

United States Court of Appeals for the Fifth Circuit was filed on

Petitioners behalf That court with two justices dissenting

denied the Petitioners petition in a per curiam opinion on

October 10 1989

xv EXHAUSTXON OF STATE REMEDIES

Petitioner has presented none of the claims presented here

on direct appeal or in his prior Application for Writ of Habeas

Corpus and no court has passed upon Petitioners contentions in

this Application for Writ of Habeas Corpus

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 5

V STATEMENT OF THE CASE

Petitioner was convicted on an indictment that alleged that

on the 4th day of February 1983 while in the course of

attempting to commit a robbery of Wanda Lopez he intentionally

caused the death of Wanda Lopez by stabbing her with a knife

VI STATEMENT OF CLAIMS

Petitioner was denied rights of constitutional dimenSion as

guaranteed under both the United states Constitution and the

Constitution of the state of Texas in the following particulars

(a) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because it did not allow for the effective presentation or consideration of available mitigation evidence concerning the Petitioners past difficulties with drug and alcohol abuse his personal background his youth or his mental condition

(b) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because the jury was fundamentally mislead as to the meaning of the word deliberately in Special Issue Number One

(c) The Petitioner was denied his fundamental constitutional rights under the SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION when the

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 6

trial judge at the Motion for New Trial hearing refused to permit the Petitioner to discharge his appointed attorneys and represent himself at all further stages of his case

VII HEARING

As a basis for these claims an evidentiary hearing will be

required to provide Petitioner an opportunity to elicit

additional testimony and evidence for the Courts consideration

that was not developed at the trial of this cause In addition

various documents and affidavits are attached hereto as

Appendices to establish that there is a factual basis for the

allegations contained in this writ

WHEREFORE PREMISES CONSIDERED Petitioner respectfully

prays that this Honorable Court

1 Issue a Writ of Habeas Corpus to have Petitioner brought

before it to the end that he may be discharged from his

unconstitutional confinement and restraint andor re~ieved of his

unconstitutional sentence of death

2 Conduct a hearing at which proof may be offered

concerning the factual and legal allegations of this Petition

3 Permit Petitioner who is indigent to proceed without 1 payment of costs or fees

4 Grant Petitioner who is indigent sufficient funds to

secure expert testimony to prove the facts as alleged in this

Petition

5 Grant Petitioner the authority to obtain subpoenas in

forma pauperies for witnesses and documents necessary to prove

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 7

the facts as alleged in its petition

6 Allow Petitioner a period of sixty (60) days which

period shall commence after the completion of any hearing this

COurt determines to eonduct in which to brief the issues of law

raised in this Petition

7 Immediately stay Petitioners execution pending final

disposition of this Petition or if no execution date has yet

been set in this cause refrain from setting any execution date

pending final disposition of this Petition and

8 Grant such other relief as the Court deems appropriate

Respectfully submitted

~~ R K WEAVER SBN 21010850 404 EXPRESSWAY TOWER - LB35 6116 N CENTRAL EXPRESSWAY DALLAS TEXAS 75206 1(214) 739-6464

OF COUNSEL

RICHARD ALAN ANDERSON S8N 01207700 ONE QUADRANGLE TOWER 2828 ROUTH STREET SUITE 850 DALLAS TEXAS 75201 1(214) 871-1133

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 8

CERTIFICATE OF SERVICE

A copy of this Motion has been delivered to Mr John Grant

Jones District Attorney of Nueces County Texas 901 Leopard

Corpus Christi Texas 78401

SIGNED this the 2nd day of November 1989

~--shyR K WEAVER

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 9

- -~

XN THE 28TH JUDICIAL DISTRICT COURT

FOR NUECES COUNTY ~EXAS

- EX PARTE NO 83-CR-194-A

CARLOS DELUNA

AFFXDAVIT

STATE OF TEXAS

COUNTY OF NUECES

My name is CARLOS DELUNA I am the Petitioner in the above

and foregoing Application for Writ of Habeas Corpus I have read

the Application for Writ of Habeas Corpus and state that the

facts related therein are true and correct to the best of my

knowledge and belief

CARLOS DELUNA

SUBSCRIBED AND SWORN ~O BEFORE ME the undersigned

l authority by Carlos DeLuna on this the 2nd day of November --)

~~J 1989 to certify which witness my hand and seal of authority

NOTARY PUBLXC XN AND FOR THE STATE OF ~EXAS

My Commission Expires____________

AFFIDAVIT - PAGE 1

APPENDIX A

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

xxx PROCEDURAL HXSTORY

Petitioner is confined on Death Row in the Ellis I Unit of

the Texas Department of Corrections in Huntsville Texas

pursuant to a judgment of conviction and sentence of death in

Cause No 83-CR-194-A pursuant to a jury verdict returned July

15 1983 for the offense of capital murder and the jury finding

1 the special issues to be true the Court sentenced Petitioner to

death

The conviction and sentence were automatically appealed 1

pursuant to Texas law to the Texas Court of Criminal Appeals On

June 4 1986 Petitioners conviction was affirmed in Cause No

69245 See DeLuna v state 711 SW2d 44 (Tex Crim App

1986)

Petitioner was represented by court-appointed counsel at the

trial of the cause and one of his court-appointed counsel

represented him on appeal The latter abandoned him after~

I

affirmance by the Court of Criminal Appeals for the State of

Texas and Petitioners first execution date was set for October

14 1986

An Application for Stay of Execution to the United States li Supreme Court pending the filing of an Out of Time Writ of

-

Certiorari was filed on October 8 1986 and denied by the

Supreme Court of the United States on October 10 1986

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 2 ~

Simultaneously on October 8 1986 an original Application for

Writ of Habeas Corpus pursuant to Art 1107 TEX CODE CRIM

PRO along with an Application for Stay of Execution pending a

hearing was filed in the convicting court the 28th Judicial

District Court Nueces County Texas Petitioners Application

for Writ of Habeas Corpus was denied in an unpublished opinion on

October 9 1986 without the opportunity for an evidentiary

hearing An Appeal of the denial of an evidentiary hearing and

Motion for Stay of Execution were filed with the Texas Court of

Criminal Appeals on October 10 1986 the latter denying the

Appeal and the Stay of Execution that same date

On October 14 1986 Petitioner filed his original

Application for Writ Habeas Corpus pursuant to 28 USC sec

2254 in the United States District Court for the Southern

District of Texas Corpus Christi Division Petitioner raised

three issues in the original Application for Writ of Habeas

Corpus

(1) That Petitioners rights had been violated pursuant to the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS UNITED STATES CONSTITUTION in that the statutes allowed prosecutorial discretion in determining in a discriminating manner based on the victims race in which cases the death penalty would be sought

(2) That Petitioner was denied effective assistance of counsel pursuant to the SIXTH and FOURTEENTH AMENDMENTS UNITED STATES CONSTITUTION in several difference particulars by court appointed trial counsel

(3) That Petitioner was denied effective assistance of counsel on appeal by court appointed counsel

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 3

An Order for Stay of Execution was issued by the United

States District Court on October 14 1986

On November 12 1986 Respondent filed a Motion for Summary

Judgment requesting dismissal of Petitioners Application for

Writ of Habeas Corpus On January 25 1987 Petitioner filed his

Response to the Motion for Summary Judgment further delineating

aspects of proof that he intended to present at an evidentiary

hearing_ On February 3 1988 Respondent filed a Motion to

Expedite the Courts deCision On June 13 1988 the trial

court without an evidentiary hearing entered an unpublished

Order Dismissing Petitioners Application for Writ of Habeas

Corpus and Vacating the Stay of Execution On June 29 1988

Petitioner filed a Motion for Relief from the Order of June 13

1988 and simultaneously filed its First Amended Writ of Habeas

Corpus and Brief in support thereof in which Petitioner (1)

abandoned his first point of attack concerning the discriminating

application of the death penalty pursuant to the decision of

the Supreme Court of the United States in MCLeskey v Kemp 107

SCt 1756 (1987) (2) further delineated PetitionerAppellants

allegations of ineffective assistance of counsel at the time of

trial and (3) reiterated his claim of ineffective assistance of

counsel on appeal On July 12 1988 Petitioner filed a Motion

to Attach Affidavits along with a number of Affidavits supporting

the claim concerning his trial counsels failure to investigate

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 4

and present mitigating evidence that was available at the

punishment phase of trial On July 19 1988 the district court

entered an Order Denying Relief from Judgment and Petitioner gave

notice of appeal on July 28 1988 An unpublished panel Opinion

of the Court of Appeals for the Fifth Circuit was issued April

26 1989 affirming the dismissal of the Writ of Habeas Corpus

and Denying Relief from Judgment A Suggestion for Re-Hearing to

the Fifth Circuit was denied May 26 1989

An Application to Recall Mandate and to Stay the Setting of

an Execution Date Pending Certiorari was filed in the Fifth

Circuit however that Court has yet to rule on that Application

upon the States assurances that it would not seek to have an

execution date set until the case before the Supreme Court was

final Currently no execution date is set in this cause

On August 24 1989 a Petition for Writ of Certiorari to the

United States Court of Appeals for the Fifth Circuit was filed on

Petitioners behalf That court with two justices dissenting

denied the Petitioners petition in a per curiam opinion on

October 10 1989

xv EXHAUSTXON OF STATE REMEDIES

Petitioner has presented none of the claims presented here

on direct appeal or in his prior Application for Writ of Habeas

Corpus and no court has passed upon Petitioners contentions in

this Application for Writ of Habeas Corpus

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 5

V STATEMENT OF THE CASE

Petitioner was convicted on an indictment that alleged that

on the 4th day of February 1983 while in the course of

attempting to commit a robbery of Wanda Lopez he intentionally

caused the death of Wanda Lopez by stabbing her with a knife

VI STATEMENT OF CLAIMS

Petitioner was denied rights of constitutional dimenSion as

guaranteed under both the United states Constitution and the

Constitution of the state of Texas in the following particulars

(a) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because it did not allow for the effective presentation or consideration of available mitigation evidence concerning the Petitioners past difficulties with drug and alcohol abuse his personal background his youth or his mental condition

(b) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because the jury was fundamentally mislead as to the meaning of the word deliberately in Special Issue Number One

(c) The Petitioner was denied his fundamental constitutional rights under the SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION when the

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 6

trial judge at the Motion for New Trial hearing refused to permit the Petitioner to discharge his appointed attorneys and represent himself at all further stages of his case

VII HEARING

As a basis for these claims an evidentiary hearing will be

required to provide Petitioner an opportunity to elicit

additional testimony and evidence for the Courts consideration

that was not developed at the trial of this cause In addition

various documents and affidavits are attached hereto as

Appendices to establish that there is a factual basis for the

allegations contained in this writ

WHEREFORE PREMISES CONSIDERED Petitioner respectfully

prays that this Honorable Court

1 Issue a Writ of Habeas Corpus to have Petitioner brought

before it to the end that he may be discharged from his

unconstitutional confinement and restraint andor re~ieved of his

unconstitutional sentence of death

2 Conduct a hearing at which proof may be offered

concerning the factual and legal allegations of this Petition

3 Permit Petitioner who is indigent to proceed without 1 payment of costs or fees

4 Grant Petitioner who is indigent sufficient funds to

secure expert testimony to prove the facts as alleged in this

Petition

5 Grant Petitioner the authority to obtain subpoenas in

forma pauperies for witnesses and documents necessary to prove

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 7

the facts as alleged in its petition

6 Allow Petitioner a period of sixty (60) days which

period shall commence after the completion of any hearing this

COurt determines to eonduct in which to brief the issues of law

raised in this Petition

7 Immediately stay Petitioners execution pending final

disposition of this Petition or if no execution date has yet

been set in this cause refrain from setting any execution date

pending final disposition of this Petition and

8 Grant such other relief as the Court deems appropriate

Respectfully submitted

~~ R K WEAVER SBN 21010850 404 EXPRESSWAY TOWER - LB35 6116 N CENTRAL EXPRESSWAY DALLAS TEXAS 75206 1(214) 739-6464

OF COUNSEL

RICHARD ALAN ANDERSON S8N 01207700 ONE QUADRANGLE TOWER 2828 ROUTH STREET SUITE 850 DALLAS TEXAS 75201 1(214) 871-1133

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 8

CERTIFICATE OF SERVICE

A copy of this Motion has been delivered to Mr John Grant

Jones District Attorney of Nueces County Texas 901 Leopard

Corpus Christi Texas 78401

SIGNED this the 2nd day of November 1989

~--shyR K WEAVER

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 9

- -~

XN THE 28TH JUDICIAL DISTRICT COURT

FOR NUECES COUNTY ~EXAS

- EX PARTE NO 83-CR-194-A

CARLOS DELUNA

AFFXDAVIT

STATE OF TEXAS

COUNTY OF NUECES

My name is CARLOS DELUNA I am the Petitioner in the above

and foregoing Application for Writ of Habeas Corpus I have read

the Application for Writ of Habeas Corpus and state that the

facts related therein are true and correct to the best of my

knowledge and belief

CARLOS DELUNA

SUBSCRIBED AND SWORN ~O BEFORE ME the undersigned

l authority by Carlos DeLuna on this the 2nd day of November --)

~~J 1989 to certify which witness my hand and seal of authority

NOTARY PUBLXC XN AND FOR THE STATE OF ~EXAS

My Commission Expires____________

AFFIDAVIT - PAGE 1

APPENDIX A

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

Simultaneously on October 8 1986 an original Application for

Writ of Habeas Corpus pursuant to Art 1107 TEX CODE CRIM

PRO along with an Application for Stay of Execution pending a

hearing was filed in the convicting court the 28th Judicial

District Court Nueces County Texas Petitioners Application

for Writ of Habeas Corpus was denied in an unpublished opinion on

October 9 1986 without the opportunity for an evidentiary

hearing An Appeal of the denial of an evidentiary hearing and

Motion for Stay of Execution were filed with the Texas Court of

Criminal Appeals on October 10 1986 the latter denying the

Appeal and the Stay of Execution that same date

On October 14 1986 Petitioner filed his original

Application for Writ Habeas Corpus pursuant to 28 USC sec

2254 in the United States District Court for the Southern

District of Texas Corpus Christi Division Petitioner raised

three issues in the original Application for Writ of Habeas

Corpus

(1) That Petitioners rights had been violated pursuant to the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS UNITED STATES CONSTITUTION in that the statutes allowed prosecutorial discretion in determining in a discriminating manner based on the victims race in which cases the death penalty would be sought

(2) That Petitioner was denied effective assistance of counsel pursuant to the SIXTH and FOURTEENTH AMENDMENTS UNITED STATES CONSTITUTION in several difference particulars by court appointed trial counsel

(3) That Petitioner was denied effective assistance of counsel on appeal by court appointed counsel

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 3

An Order for Stay of Execution was issued by the United

States District Court on October 14 1986

On November 12 1986 Respondent filed a Motion for Summary

Judgment requesting dismissal of Petitioners Application for

Writ of Habeas Corpus On January 25 1987 Petitioner filed his

Response to the Motion for Summary Judgment further delineating

aspects of proof that he intended to present at an evidentiary

hearing_ On February 3 1988 Respondent filed a Motion to

Expedite the Courts deCision On June 13 1988 the trial

court without an evidentiary hearing entered an unpublished

Order Dismissing Petitioners Application for Writ of Habeas

Corpus and Vacating the Stay of Execution On June 29 1988

Petitioner filed a Motion for Relief from the Order of June 13

1988 and simultaneously filed its First Amended Writ of Habeas

Corpus and Brief in support thereof in which Petitioner (1)

abandoned his first point of attack concerning the discriminating

application of the death penalty pursuant to the decision of

the Supreme Court of the United States in MCLeskey v Kemp 107

SCt 1756 (1987) (2) further delineated PetitionerAppellants

allegations of ineffective assistance of counsel at the time of

trial and (3) reiterated his claim of ineffective assistance of

counsel on appeal On July 12 1988 Petitioner filed a Motion

to Attach Affidavits along with a number of Affidavits supporting

the claim concerning his trial counsels failure to investigate

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 4

and present mitigating evidence that was available at the

punishment phase of trial On July 19 1988 the district court

entered an Order Denying Relief from Judgment and Petitioner gave

notice of appeal on July 28 1988 An unpublished panel Opinion

of the Court of Appeals for the Fifth Circuit was issued April

26 1989 affirming the dismissal of the Writ of Habeas Corpus

and Denying Relief from Judgment A Suggestion for Re-Hearing to

the Fifth Circuit was denied May 26 1989

An Application to Recall Mandate and to Stay the Setting of

an Execution Date Pending Certiorari was filed in the Fifth

Circuit however that Court has yet to rule on that Application

upon the States assurances that it would not seek to have an

execution date set until the case before the Supreme Court was

final Currently no execution date is set in this cause

On August 24 1989 a Petition for Writ of Certiorari to the

United States Court of Appeals for the Fifth Circuit was filed on

Petitioners behalf That court with two justices dissenting

denied the Petitioners petition in a per curiam opinion on

October 10 1989

xv EXHAUSTXON OF STATE REMEDIES

Petitioner has presented none of the claims presented here

on direct appeal or in his prior Application for Writ of Habeas

Corpus and no court has passed upon Petitioners contentions in

this Application for Writ of Habeas Corpus

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 5

V STATEMENT OF THE CASE

Petitioner was convicted on an indictment that alleged that

on the 4th day of February 1983 while in the course of

attempting to commit a robbery of Wanda Lopez he intentionally

caused the death of Wanda Lopez by stabbing her with a knife

VI STATEMENT OF CLAIMS

Petitioner was denied rights of constitutional dimenSion as

guaranteed under both the United states Constitution and the

Constitution of the state of Texas in the following particulars

(a) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because it did not allow for the effective presentation or consideration of available mitigation evidence concerning the Petitioners past difficulties with drug and alcohol abuse his personal background his youth or his mental condition

(b) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because the jury was fundamentally mislead as to the meaning of the word deliberately in Special Issue Number One

(c) The Petitioner was denied his fundamental constitutional rights under the SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION when the

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 6

trial judge at the Motion for New Trial hearing refused to permit the Petitioner to discharge his appointed attorneys and represent himself at all further stages of his case

VII HEARING

As a basis for these claims an evidentiary hearing will be

required to provide Petitioner an opportunity to elicit

additional testimony and evidence for the Courts consideration

that was not developed at the trial of this cause In addition

various documents and affidavits are attached hereto as

Appendices to establish that there is a factual basis for the

allegations contained in this writ

WHEREFORE PREMISES CONSIDERED Petitioner respectfully

prays that this Honorable Court

1 Issue a Writ of Habeas Corpus to have Petitioner brought

before it to the end that he may be discharged from his

unconstitutional confinement and restraint andor re~ieved of his

unconstitutional sentence of death

2 Conduct a hearing at which proof may be offered

concerning the factual and legal allegations of this Petition

3 Permit Petitioner who is indigent to proceed without 1 payment of costs or fees

4 Grant Petitioner who is indigent sufficient funds to

secure expert testimony to prove the facts as alleged in this

Petition

5 Grant Petitioner the authority to obtain subpoenas in

forma pauperies for witnesses and documents necessary to prove

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 7

the facts as alleged in its petition

6 Allow Petitioner a period of sixty (60) days which

period shall commence after the completion of any hearing this

COurt determines to eonduct in which to brief the issues of law

raised in this Petition

7 Immediately stay Petitioners execution pending final

disposition of this Petition or if no execution date has yet

been set in this cause refrain from setting any execution date

pending final disposition of this Petition and

8 Grant such other relief as the Court deems appropriate

Respectfully submitted

~~ R K WEAVER SBN 21010850 404 EXPRESSWAY TOWER - LB35 6116 N CENTRAL EXPRESSWAY DALLAS TEXAS 75206 1(214) 739-6464

OF COUNSEL

RICHARD ALAN ANDERSON S8N 01207700 ONE QUADRANGLE TOWER 2828 ROUTH STREET SUITE 850 DALLAS TEXAS 75201 1(214) 871-1133

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 8

CERTIFICATE OF SERVICE

A copy of this Motion has been delivered to Mr John Grant

Jones District Attorney of Nueces County Texas 901 Leopard

Corpus Christi Texas 78401

SIGNED this the 2nd day of November 1989

~--shyR K WEAVER

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 9

- -~

XN THE 28TH JUDICIAL DISTRICT COURT

FOR NUECES COUNTY ~EXAS

- EX PARTE NO 83-CR-194-A

CARLOS DELUNA

AFFXDAVIT

STATE OF TEXAS

COUNTY OF NUECES

My name is CARLOS DELUNA I am the Petitioner in the above

and foregoing Application for Writ of Habeas Corpus I have read

the Application for Writ of Habeas Corpus and state that the

facts related therein are true and correct to the best of my

knowledge and belief

CARLOS DELUNA

SUBSCRIBED AND SWORN ~O BEFORE ME the undersigned

l authority by Carlos DeLuna on this the 2nd day of November --)

~~J 1989 to certify which witness my hand and seal of authority

NOTARY PUBLXC XN AND FOR THE STATE OF ~EXAS

My Commission Expires____________

AFFIDAVIT - PAGE 1

APPENDIX A

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

An Order for Stay of Execution was issued by the United

States District Court on October 14 1986

On November 12 1986 Respondent filed a Motion for Summary

Judgment requesting dismissal of Petitioners Application for

Writ of Habeas Corpus On January 25 1987 Petitioner filed his

Response to the Motion for Summary Judgment further delineating

aspects of proof that he intended to present at an evidentiary

hearing_ On February 3 1988 Respondent filed a Motion to

Expedite the Courts deCision On June 13 1988 the trial

court without an evidentiary hearing entered an unpublished

Order Dismissing Petitioners Application for Writ of Habeas

Corpus and Vacating the Stay of Execution On June 29 1988

Petitioner filed a Motion for Relief from the Order of June 13

1988 and simultaneously filed its First Amended Writ of Habeas

Corpus and Brief in support thereof in which Petitioner (1)

abandoned his first point of attack concerning the discriminating

application of the death penalty pursuant to the decision of

the Supreme Court of the United States in MCLeskey v Kemp 107

SCt 1756 (1987) (2) further delineated PetitionerAppellants

allegations of ineffective assistance of counsel at the time of

trial and (3) reiterated his claim of ineffective assistance of

counsel on appeal On July 12 1988 Petitioner filed a Motion

to Attach Affidavits along with a number of Affidavits supporting

the claim concerning his trial counsels failure to investigate

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 4

and present mitigating evidence that was available at the

punishment phase of trial On July 19 1988 the district court

entered an Order Denying Relief from Judgment and Petitioner gave

notice of appeal on July 28 1988 An unpublished panel Opinion

of the Court of Appeals for the Fifth Circuit was issued April

26 1989 affirming the dismissal of the Writ of Habeas Corpus

and Denying Relief from Judgment A Suggestion for Re-Hearing to

the Fifth Circuit was denied May 26 1989

An Application to Recall Mandate and to Stay the Setting of

an Execution Date Pending Certiorari was filed in the Fifth

Circuit however that Court has yet to rule on that Application

upon the States assurances that it would not seek to have an

execution date set until the case before the Supreme Court was

final Currently no execution date is set in this cause

On August 24 1989 a Petition for Writ of Certiorari to the

United States Court of Appeals for the Fifth Circuit was filed on

Petitioners behalf That court with two justices dissenting

denied the Petitioners petition in a per curiam opinion on

October 10 1989

xv EXHAUSTXON OF STATE REMEDIES

Petitioner has presented none of the claims presented here

on direct appeal or in his prior Application for Writ of Habeas

Corpus and no court has passed upon Petitioners contentions in

this Application for Writ of Habeas Corpus

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 5

V STATEMENT OF THE CASE

Petitioner was convicted on an indictment that alleged that

on the 4th day of February 1983 while in the course of

attempting to commit a robbery of Wanda Lopez he intentionally

caused the death of Wanda Lopez by stabbing her with a knife

VI STATEMENT OF CLAIMS

Petitioner was denied rights of constitutional dimenSion as

guaranteed under both the United states Constitution and the

Constitution of the state of Texas in the following particulars

(a) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because it did not allow for the effective presentation or consideration of available mitigation evidence concerning the Petitioners past difficulties with drug and alcohol abuse his personal background his youth or his mental condition

(b) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because the jury was fundamentally mislead as to the meaning of the word deliberately in Special Issue Number One

(c) The Petitioner was denied his fundamental constitutional rights under the SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION when the

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 6

trial judge at the Motion for New Trial hearing refused to permit the Petitioner to discharge his appointed attorneys and represent himself at all further stages of his case

VII HEARING

As a basis for these claims an evidentiary hearing will be

required to provide Petitioner an opportunity to elicit

additional testimony and evidence for the Courts consideration

that was not developed at the trial of this cause In addition

various documents and affidavits are attached hereto as

Appendices to establish that there is a factual basis for the

allegations contained in this writ

WHEREFORE PREMISES CONSIDERED Petitioner respectfully

prays that this Honorable Court

1 Issue a Writ of Habeas Corpus to have Petitioner brought

before it to the end that he may be discharged from his

unconstitutional confinement and restraint andor re~ieved of his

unconstitutional sentence of death

2 Conduct a hearing at which proof may be offered

concerning the factual and legal allegations of this Petition

3 Permit Petitioner who is indigent to proceed without 1 payment of costs or fees

4 Grant Petitioner who is indigent sufficient funds to

secure expert testimony to prove the facts as alleged in this

Petition

5 Grant Petitioner the authority to obtain subpoenas in

forma pauperies for witnesses and documents necessary to prove

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 7

the facts as alleged in its petition

6 Allow Petitioner a period of sixty (60) days which

period shall commence after the completion of any hearing this

COurt determines to eonduct in which to brief the issues of law

raised in this Petition

7 Immediately stay Petitioners execution pending final

disposition of this Petition or if no execution date has yet

been set in this cause refrain from setting any execution date

pending final disposition of this Petition and

8 Grant such other relief as the Court deems appropriate

Respectfully submitted

~~ R K WEAVER SBN 21010850 404 EXPRESSWAY TOWER - LB35 6116 N CENTRAL EXPRESSWAY DALLAS TEXAS 75206 1(214) 739-6464

OF COUNSEL

RICHARD ALAN ANDERSON S8N 01207700 ONE QUADRANGLE TOWER 2828 ROUTH STREET SUITE 850 DALLAS TEXAS 75201 1(214) 871-1133

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 8

CERTIFICATE OF SERVICE

A copy of this Motion has been delivered to Mr John Grant

Jones District Attorney of Nueces County Texas 901 Leopard

Corpus Christi Texas 78401

SIGNED this the 2nd day of November 1989

~--shyR K WEAVER

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 9

- -~

XN THE 28TH JUDICIAL DISTRICT COURT

FOR NUECES COUNTY ~EXAS

- EX PARTE NO 83-CR-194-A

CARLOS DELUNA

AFFXDAVIT

STATE OF TEXAS

COUNTY OF NUECES

My name is CARLOS DELUNA I am the Petitioner in the above

and foregoing Application for Writ of Habeas Corpus I have read

the Application for Writ of Habeas Corpus and state that the

facts related therein are true and correct to the best of my

knowledge and belief

CARLOS DELUNA

SUBSCRIBED AND SWORN ~O BEFORE ME the undersigned

l authority by Carlos DeLuna on this the 2nd day of November --)

~~J 1989 to certify which witness my hand and seal of authority

NOTARY PUBLXC XN AND FOR THE STATE OF ~EXAS

My Commission Expires____________

AFFIDAVIT - PAGE 1

APPENDIX A

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

and present mitigating evidence that was available at the

punishment phase of trial On July 19 1988 the district court

entered an Order Denying Relief from Judgment and Petitioner gave

notice of appeal on July 28 1988 An unpublished panel Opinion

of the Court of Appeals for the Fifth Circuit was issued April

26 1989 affirming the dismissal of the Writ of Habeas Corpus

and Denying Relief from Judgment A Suggestion for Re-Hearing to

the Fifth Circuit was denied May 26 1989

An Application to Recall Mandate and to Stay the Setting of

an Execution Date Pending Certiorari was filed in the Fifth

Circuit however that Court has yet to rule on that Application

upon the States assurances that it would not seek to have an

execution date set until the case before the Supreme Court was

final Currently no execution date is set in this cause

On August 24 1989 a Petition for Writ of Certiorari to the

United States Court of Appeals for the Fifth Circuit was filed on

Petitioners behalf That court with two justices dissenting

denied the Petitioners petition in a per curiam opinion on

October 10 1989

xv EXHAUSTXON OF STATE REMEDIES

Petitioner has presented none of the claims presented here

on direct appeal or in his prior Application for Writ of Habeas

Corpus and no court has passed upon Petitioners contentions in

this Application for Writ of Habeas Corpus

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 5

V STATEMENT OF THE CASE

Petitioner was convicted on an indictment that alleged that

on the 4th day of February 1983 while in the course of

attempting to commit a robbery of Wanda Lopez he intentionally

caused the death of Wanda Lopez by stabbing her with a knife

VI STATEMENT OF CLAIMS

Petitioner was denied rights of constitutional dimenSion as

guaranteed under both the United states Constitution and the

Constitution of the state of Texas in the following particulars

(a) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because it did not allow for the effective presentation or consideration of available mitigation evidence concerning the Petitioners past difficulties with drug and alcohol abuse his personal background his youth or his mental condition

(b) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because the jury was fundamentally mislead as to the meaning of the word deliberately in Special Issue Number One

(c) The Petitioner was denied his fundamental constitutional rights under the SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION when the

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 6

trial judge at the Motion for New Trial hearing refused to permit the Petitioner to discharge his appointed attorneys and represent himself at all further stages of his case

VII HEARING

As a basis for these claims an evidentiary hearing will be

required to provide Petitioner an opportunity to elicit

additional testimony and evidence for the Courts consideration

that was not developed at the trial of this cause In addition

various documents and affidavits are attached hereto as

Appendices to establish that there is a factual basis for the

allegations contained in this writ

WHEREFORE PREMISES CONSIDERED Petitioner respectfully

prays that this Honorable Court

1 Issue a Writ of Habeas Corpus to have Petitioner brought

before it to the end that he may be discharged from his

unconstitutional confinement and restraint andor re~ieved of his

unconstitutional sentence of death

2 Conduct a hearing at which proof may be offered

concerning the factual and legal allegations of this Petition

3 Permit Petitioner who is indigent to proceed without 1 payment of costs or fees

4 Grant Petitioner who is indigent sufficient funds to

secure expert testimony to prove the facts as alleged in this

Petition

5 Grant Petitioner the authority to obtain subpoenas in

forma pauperies for witnesses and documents necessary to prove

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 7

the facts as alleged in its petition

6 Allow Petitioner a period of sixty (60) days which

period shall commence after the completion of any hearing this

COurt determines to eonduct in which to brief the issues of law

raised in this Petition

7 Immediately stay Petitioners execution pending final

disposition of this Petition or if no execution date has yet

been set in this cause refrain from setting any execution date

pending final disposition of this Petition and

8 Grant such other relief as the Court deems appropriate

Respectfully submitted

~~ R K WEAVER SBN 21010850 404 EXPRESSWAY TOWER - LB35 6116 N CENTRAL EXPRESSWAY DALLAS TEXAS 75206 1(214) 739-6464

OF COUNSEL

RICHARD ALAN ANDERSON S8N 01207700 ONE QUADRANGLE TOWER 2828 ROUTH STREET SUITE 850 DALLAS TEXAS 75201 1(214) 871-1133

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 8

CERTIFICATE OF SERVICE

A copy of this Motion has been delivered to Mr John Grant

Jones District Attorney of Nueces County Texas 901 Leopard

Corpus Christi Texas 78401

SIGNED this the 2nd day of November 1989

~--shyR K WEAVER

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 9

- -~

XN THE 28TH JUDICIAL DISTRICT COURT

FOR NUECES COUNTY ~EXAS

- EX PARTE NO 83-CR-194-A

CARLOS DELUNA

AFFXDAVIT

STATE OF TEXAS

COUNTY OF NUECES

My name is CARLOS DELUNA I am the Petitioner in the above

and foregoing Application for Writ of Habeas Corpus I have read

the Application for Writ of Habeas Corpus and state that the

facts related therein are true and correct to the best of my

knowledge and belief

CARLOS DELUNA

SUBSCRIBED AND SWORN ~O BEFORE ME the undersigned

l authority by Carlos DeLuna on this the 2nd day of November --)

~~J 1989 to certify which witness my hand and seal of authority

NOTARY PUBLXC XN AND FOR THE STATE OF ~EXAS

My Commission Expires____________

AFFIDAVIT - PAGE 1

APPENDIX A

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

V STATEMENT OF THE CASE

Petitioner was convicted on an indictment that alleged that

on the 4th day of February 1983 while in the course of

attempting to commit a robbery of Wanda Lopez he intentionally

caused the death of Wanda Lopez by stabbing her with a knife

VI STATEMENT OF CLAIMS

Petitioner was denied rights of constitutional dimenSion as

guaranteed under both the United states Constitution and the

Constitution of the state of Texas in the following particulars

(a) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because it did not allow for the effective presentation or consideration of available mitigation evidence concerning the Petitioners past difficulties with drug and alcohol abuse his personal background his youth or his mental condition

(b) The Texas Death Penalty scheme set forth in TEX CODE CRIM PROC ANN art 37071 and as authoritatively construed by the Texas courts and as applied against the Petitioner denied him his fundamental constitutional rights under the FIFTH SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION because the jury was fundamentally mislead as to the meaning of the word deliberately in Special Issue Number One

(c) The Petitioner was denied his fundamental constitutional rights under the SIXTH EIGHTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION as well as ARTICLE I SECTIONS 10 and 11 of the TEXAS CONSTITUTION when the

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 6

trial judge at the Motion for New Trial hearing refused to permit the Petitioner to discharge his appointed attorneys and represent himself at all further stages of his case

VII HEARING

As a basis for these claims an evidentiary hearing will be

required to provide Petitioner an opportunity to elicit

additional testimony and evidence for the Courts consideration

that was not developed at the trial of this cause In addition

various documents and affidavits are attached hereto as

Appendices to establish that there is a factual basis for the

allegations contained in this writ

WHEREFORE PREMISES CONSIDERED Petitioner respectfully

prays that this Honorable Court

1 Issue a Writ of Habeas Corpus to have Petitioner brought

before it to the end that he may be discharged from his

unconstitutional confinement and restraint andor re~ieved of his

unconstitutional sentence of death

2 Conduct a hearing at which proof may be offered

concerning the factual and legal allegations of this Petition

3 Permit Petitioner who is indigent to proceed without 1 payment of costs or fees

4 Grant Petitioner who is indigent sufficient funds to

secure expert testimony to prove the facts as alleged in this

Petition

5 Grant Petitioner the authority to obtain subpoenas in

forma pauperies for witnesses and documents necessary to prove

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 7

the facts as alleged in its petition

6 Allow Petitioner a period of sixty (60) days which

period shall commence after the completion of any hearing this

COurt determines to eonduct in which to brief the issues of law

raised in this Petition

7 Immediately stay Petitioners execution pending final

disposition of this Petition or if no execution date has yet

been set in this cause refrain from setting any execution date

pending final disposition of this Petition and

8 Grant such other relief as the Court deems appropriate

Respectfully submitted

~~ R K WEAVER SBN 21010850 404 EXPRESSWAY TOWER - LB35 6116 N CENTRAL EXPRESSWAY DALLAS TEXAS 75206 1(214) 739-6464

OF COUNSEL

RICHARD ALAN ANDERSON S8N 01207700 ONE QUADRANGLE TOWER 2828 ROUTH STREET SUITE 850 DALLAS TEXAS 75201 1(214) 871-1133

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 8

CERTIFICATE OF SERVICE

A copy of this Motion has been delivered to Mr John Grant

Jones District Attorney of Nueces County Texas 901 Leopard

Corpus Christi Texas 78401

SIGNED this the 2nd day of November 1989

~--shyR K WEAVER

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 9

- -~

XN THE 28TH JUDICIAL DISTRICT COURT

FOR NUECES COUNTY ~EXAS

- EX PARTE NO 83-CR-194-A

CARLOS DELUNA

AFFXDAVIT

STATE OF TEXAS

COUNTY OF NUECES

My name is CARLOS DELUNA I am the Petitioner in the above

and foregoing Application for Writ of Habeas Corpus I have read

the Application for Writ of Habeas Corpus and state that the

facts related therein are true and correct to the best of my

knowledge and belief

CARLOS DELUNA

SUBSCRIBED AND SWORN ~O BEFORE ME the undersigned

l authority by Carlos DeLuna on this the 2nd day of November --)

~~J 1989 to certify which witness my hand and seal of authority

NOTARY PUBLXC XN AND FOR THE STATE OF ~EXAS

My Commission Expires____________

AFFIDAVIT - PAGE 1

APPENDIX A

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

trial judge at the Motion for New Trial hearing refused to permit the Petitioner to discharge his appointed attorneys and represent himself at all further stages of his case

VII HEARING

As a basis for these claims an evidentiary hearing will be

required to provide Petitioner an opportunity to elicit

additional testimony and evidence for the Courts consideration

that was not developed at the trial of this cause In addition

various documents and affidavits are attached hereto as

Appendices to establish that there is a factual basis for the

allegations contained in this writ

WHEREFORE PREMISES CONSIDERED Petitioner respectfully

prays that this Honorable Court

1 Issue a Writ of Habeas Corpus to have Petitioner brought

before it to the end that he may be discharged from his

unconstitutional confinement and restraint andor re~ieved of his

unconstitutional sentence of death

2 Conduct a hearing at which proof may be offered

concerning the factual and legal allegations of this Petition

3 Permit Petitioner who is indigent to proceed without 1 payment of costs or fees

4 Grant Petitioner who is indigent sufficient funds to

secure expert testimony to prove the facts as alleged in this

Petition

5 Grant Petitioner the authority to obtain subpoenas in

forma pauperies for witnesses and documents necessary to prove

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 7

the facts as alleged in its petition

6 Allow Petitioner a period of sixty (60) days which

period shall commence after the completion of any hearing this

COurt determines to eonduct in which to brief the issues of law

raised in this Petition

7 Immediately stay Petitioners execution pending final

disposition of this Petition or if no execution date has yet

been set in this cause refrain from setting any execution date

pending final disposition of this Petition and

8 Grant such other relief as the Court deems appropriate

Respectfully submitted

~~ R K WEAVER SBN 21010850 404 EXPRESSWAY TOWER - LB35 6116 N CENTRAL EXPRESSWAY DALLAS TEXAS 75206 1(214) 739-6464

OF COUNSEL

RICHARD ALAN ANDERSON S8N 01207700 ONE QUADRANGLE TOWER 2828 ROUTH STREET SUITE 850 DALLAS TEXAS 75201 1(214) 871-1133

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 8

CERTIFICATE OF SERVICE

A copy of this Motion has been delivered to Mr John Grant

Jones District Attorney of Nueces County Texas 901 Leopard

Corpus Christi Texas 78401

SIGNED this the 2nd day of November 1989

~--shyR K WEAVER

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 9

- -~

XN THE 28TH JUDICIAL DISTRICT COURT

FOR NUECES COUNTY ~EXAS

- EX PARTE NO 83-CR-194-A

CARLOS DELUNA

AFFXDAVIT

STATE OF TEXAS

COUNTY OF NUECES

My name is CARLOS DELUNA I am the Petitioner in the above

and foregoing Application for Writ of Habeas Corpus I have read

the Application for Writ of Habeas Corpus and state that the

facts related therein are true and correct to the best of my

knowledge and belief

CARLOS DELUNA

SUBSCRIBED AND SWORN ~O BEFORE ME the undersigned

l authority by Carlos DeLuna on this the 2nd day of November --)

~~J 1989 to certify which witness my hand and seal of authority

NOTARY PUBLXC XN AND FOR THE STATE OF ~EXAS

My Commission Expires____________

AFFIDAVIT - PAGE 1

APPENDIX A

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

the facts as alleged in its petition

6 Allow Petitioner a period of sixty (60) days which

period shall commence after the completion of any hearing this

COurt determines to eonduct in which to brief the issues of law

raised in this Petition

7 Immediately stay Petitioners execution pending final

disposition of this Petition or if no execution date has yet

been set in this cause refrain from setting any execution date

pending final disposition of this Petition and

8 Grant such other relief as the Court deems appropriate

Respectfully submitted

~~ R K WEAVER SBN 21010850 404 EXPRESSWAY TOWER - LB35 6116 N CENTRAL EXPRESSWAY DALLAS TEXAS 75206 1(214) 739-6464

OF COUNSEL

RICHARD ALAN ANDERSON S8N 01207700 ONE QUADRANGLE TOWER 2828 ROUTH STREET SUITE 850 DALLAS TEXAS 75201 1(214) 871-1133

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 8

CERTIFICATE OF SERVICE

A copy of this Motion has been delivered to Mr John Grant

Jones District Attorney of Nueces County Texas 901 Leopard

Corpus Christi Texas 78401

SIGNED this the 2nd day of November 1989

~--shyR K WEAVER

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 9

- -~

XN THE 28TH JUDICIAL DISTRICT COURT

FOR NUECES COUNTY ~EXAS

- EX PARTE NO 83-CR-194-A

CARLOS DELUNA

AFFXDAVIT

STATE OF TEXAS

COUNTY OF NUECES

My name is CARLOS DELUNA I am the Petitioner in the above

and foregoing Application for Writ of Habeas Corpus I have read

the Application for Writ of Habeas Corpus and state that the

facts related therein are true and correct to the best of my

knowledge and belief

CARLOS DELUNA

SUBSCRIBED AND SWORN ~O BEFORE ME the undersigned

l authority by Carlos DeLuna on this the 2nd day of November --)

~~J 1989 to certify which witness my hand and seal of authority

NOTARY PUBLXC XN AND FOR THE STATE OF ~EXAS

My Commission Expires____________

AFFIDAVIT - PAGE 1

APPENDIX A

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

CERTIFICATE OF SERVICE

A copy of this Motion has been delivered to Mr John Grant

Jones District Attorney of Nueces County Texas 901 Leopard

Corpus Christi Texas 78401

SIGNED this the 2nd day of November 1989

~--shyR K WEAVER

APPLICATION FOR WRIT OF HABEAS CORPUS - PAGE 9

- -~

XN THE 28TH JUDICIAL DISTRICT COURT

FOR NUECES COUNTY ~EXAS

- EX PARTE NO 83-CR-194-A

CARLOS DELUNA

AFFXDAVIT

STATE OF TEXAS

COUNTY OF NUECES

My name is CARLOS DELUNA I am the Petitioner in the above

and foregoing Application for Writ of Habeas Corpus I have read

the Application for Writ of Habeas Corpus and state that the

facts related therein are true and correct to the best of my

knowledge and belief

CARLOS DELUNA

SUBSCRIBED AND SWORN ~O BEFORE ME the undersigned

l authority by Carlos DeLuna on this the 2nd day of November --)

~~J 1989 to certify which witness my hand and seal of authority

NOTARY PUBLXC XN AND FOR THE STATE OF ~EXAS

My Commission Expires____________

AFFIDAVIT - PAGE 1

APPENDIX A

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

- -~

XN THE 28TH JUDICIAL DISTRICT COURT

FOR NUECES COUNTY ~EXAS

- EX PARTE NO 83-CR-194-A

CARLOS DELUNA

AFFXDAVIT

STATE OF TEXAS

COUNTY OF NUECES

My name is CARLOS DELUNA I am the Petitioner in the above

and foregoing Application for Writ of Habeas Corpus I have read

the Application for Writ of Habeas Corpus and state that the

facts related therein are true and correct to the best of my

knowledge and belief

CARLOS DELUNA

SUBSCRIBED AND SWORN ~O BEFORE ME the undersigned

l authority by Carlos DeLuna on this the 2nd day of November --)

~~J 1989 to certify which witness my hand and seal of authority

NOTARY PUBLXC XN AND FOR THE STATE OF ~EXAS

My Commission Expires____________

AFFIDAVIT - PAGE 1

APPENDIX A

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

APPENDIX A

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

DeLUNA v LYNAUGH 3715

life sentence rather than calling defenmiddot Carlos DeLUNA Petitioner-Appellant dants family members and friends at punmiddot

bull ishment phase of trial to offer mitigating testimony emphasizing defendants youth

Irnes A LYNAUGH Director Texas intelligence level and substance abuse Department of Corrections jury might have reacted unfavorably to

Reapondent-Appellee their testimony when it had full knowledge No 88-2613 of brutal crime and defendants prior feloshy

nious record USCA ConsLAmends 6 United States Court of Appeals 14

~ j Fifth CircuiL I 2 Habeas Corpus -=-to2( 3)

April 26 1989 Habeas petitioner was not entitled to oral hearing before eourt with respect to his elaims related to adequacy of represenmiddotDefendant eonvicted of capital murder tation by counsel at punishment stage of of gasoline station attendant during course trial attorneys activities were clearly bemiddot of committing robbery petitioned for writ fore court and petitioner did not raise the of habeas corpus The United States Dismiddot fact issue as to what occurred or propose trict Court for the Southern District of

Texas at Corpus Christi Hayden W Head putting on any evidence to establish that attorneys effectiveness did not reach reshyJr J denied petition On consolidated

appeal from denial of petition and from quired nonns 28 USCA sect 2254 USC denial of motion for relief from judgment A ConsLAmends 6 14 the Court of Appeals Jerre S Williams Circuit Judge held that (1) petitioners 3 CoutitutionaJ Law 4=421(3)

trial eounsel was not ineffective for strateshy Habeas petitioner who received represhygic decision to make strong statement as sentation by appointed counsel through trio plea for life sentence rather than putting al and direct appeal to Texas Court of defendants family and friends on the stand Criminal Appeals and who had volunteer at punishment phase to offer mitigating eounsel in state and federal habeas proshytestimony (2) petitioner was not entitled to eeedings lacked standing to raise issue of oral hearing on habeas elaims and (3) petimiddot whether state of Texas was eonstitutionally tioner lacked standing to raise issue of obligated to supply counsel in habeas case whether state of Texas had eonstitutional 28 UsCA sect 22M obligation to appoint counsel in habeas cases

Affinned Appeal from the United States District Court for the Southern District of Texas (CA-C-86-234)I Criminal Law c=gt64U3(7)

Trial counsel in capital murder proseshyeution was not ineffective for strategic deshy Before POLITZ WILLIAMS and eision to make strong statement as plea for JONES Circuit Judges

Synopsis Syllabi arod Kt Numblr CiusiflCation COPYRIGHT reg 1989 by WEST PUBLlSHISG CO

n Synopsis Syllabi and Key Numblr Clsifimiddot lion tOIlstituU no part of the opinion of the court

l

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

bullbull middot3716 DeLUNA v LYNAUGH

JERRE S WILLIAMS Circuit Judge has taken the time since then to giVE this

Appellant Carlos DeLuna was convicted of capital murder of a gasoline station clerk during the eourse of committing a robbery In a separate punishment proshyceeding he was sentenced to death He was convicted in July 1983 and his convicshytion and sentence were affirmed on direct appeal in the state courL DeLuna v State 711 SW2d 44 (TxCrimAppl986) Execution date was set for October 15 1986 The Supreme Court of the United States denied leave to file an out-ofmiddotlime petition for writ of certiorari on October 10 1986 Appellant then filed an application for writ of habeas corpus and a stay of execution in the Texas trial and appellate courts The Court of Criminal Appeals deshynied all requested relief October 13 1986 A petition for writ of habeas corpus 28 USC sect 2254 and a motion for stay of execution were filed in the United States District Court and the district court grantshyed a stay

After various pleadings and delays at the request of appellants counsel the district court issued an order denying habeas cormiddot pus relief on June 13 1988 and cancelling the stay of execution The district court later denied a motion for relief from judgshyment under FedRCivP 6O(b) on JUly 19 1988 Appellant has appealed both from the denial of the habeas corpus petition and the denial of the motion for relief from judgment

The Attorney General of Texas informed this Court that it would not ask that a new execution date be set until after the apshypeals were heard in this Court The State filed a motion for an expedited appeal it was denied Briefing was completed around the first of this year The Court

capital case thorough serious consideration

The claims asserted on appeal all revolve around the issue of the adequacy of reprl sentation by counsel at the punishment stage of the trial as it arises under the Sixth and Fourteenth Amendments of the United States Constitution We make our own enumeration of those issues to accommiddot plish a clearer focus upon the precise claims advanced on behalf of appellant

1 Appointed counsel representing apshypellant at trial were inadequate in presenting evidence in mitigation at the punishment phase of the trial

2 Appellant was constitutionally entimiddot tled to an oral hearing before the court on his petition for habeas corpus

3 Effective assistance of counsel was denied because the State of Texas has no procedure for supplying counsel in habemiddot as corpus cases involving the death penmiddot alty

Adequate representation by counsel

[I] The core of this allegation is that appellants counsel did not put on the witmiddot ness stand relatives and friends who would have begged for his life and who would have testified that he was kind and loving to his family members In addition he asserts that such mitigating testimony should have included emphasis upon his youth his low level of intelligence and his substance abuse

The decision not to claim his youth intelmiddot ligence level and substance abuse was the kind of decision properly left to counsel His age was the full adult age of 21 at the time he commitUld the offense This agt is in the background of eidence showing that at the age of 18 he had been convicUld of

L

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

DeLUNA v LYNAUGH 3717

unauthorized use of a motor vehicle and formance was deficient This requires attempted rape and sentenced to three showing that counsel made errors so sermiddot

bull years in prison The day after he was released on parole he attempted to rape the mother of a friend For this offense his parole was revoked He had been released from penitentiary only six weeks before the current offense was committed

The allegation of a low level of inte1 ishygence is not supported by any evidence of any kind The only evidence available as to his intellectual level was a showing by the State that he had been examined by a psyshychiatrist and found competent and that he had successfully taken high school acashydemic courses while he was in prison The claim of substance abuse is not sUJr ported by any proffered evidence

An attempt to emphasize any of these three alleged claims might well have resultshyed in backfire destroying any attempt to try to convince the jury that a life sentence was appropriate There remains only the issue therefore as to whether failure to put family and friends on the stand estabshylishes inadequate representation by counshysel

In Strickland v Washington 466 US 668 686 104 S_Ct 2052 2064 80 LEd2d 674 (1984) the Supreme Court held that [t]he bench mark for judging any claim of ineffectiveness must be whether counsels conduct so undennined the proper functionshying of the adversarial process that the trial cannot be relied on as having produced a just result The Supreme Court estabshylished a two-prong test for determining the effectiveness of counsels performance

A convicted defendants claim that counshysels assistance was so defective as to require reversal of a conviction or death sentence has two components First the defendant must show that counsels pershy

ious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment Second the defendant must show that the deficient performance prejudiced the defense This requires showing that counsels ershyrors were so serious as to deprive the defendant of a fair trial a trial whose result is reliable Unless a defendant makes both showings it cannot be said that the conviction or death sentence reshysulted from a breakdown in the advershyamparial process that renders the result unreliable

466 US at 687 104 SCt at 2064

In determining the deficiency of counmiddot sels conduct the relevant inquiry is whethmiddot er counsels representation fell below an objective standard of reasonableness as inmiddot formed by prevailing professional stanmiddot dards 466 US at 688 104 SCt at 2065 This assessment of attorney performance requires that conduct be evaluated from counsels perspective at the time of occurshyrence Judicial scrutiny of counsels pershyformance must be highly deferentiaL 466 US at 689 104 SCt at 2065 Because of the difficulties of such an evaluation the Supreme Court has directed us to indulge a strong presumption that counsels conshyduct falls within the wide range of reasonshyable professional assistance that is the defendant must overcome the presumption that under the circumstances the chalshylenged action might be considered sound trial strategy Id (citations omitted) 8ee also Knighton v Maggio 740 F2d 1844 1850 (5th Cir1984) cert denied 469 US 924 105 SCt 306 83 LEd2d 241 (1984)

1

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

3718 DeLUNA v LYNAUGH

Then second as is stated in the extenshy tion for relief from the order pursuant to

bull sive quotation from Strickland above mere elTOr by counsel however even if professionally unreasonable does not justishy aetting aside the judgment of a criminal proceeding if the elTOr had no adverse imshypaet on the defense Thus to assert sucshycessfully a claim of ineffectiveness the deshyfendant must also affirmatively prove prejshyudice

The district court concluded that the decishyslon of trial counsel simply to make a strong statement as a plea for a life lenshytence was an acceptabJe trial strategy We agree that this was a reasonable decision of defense counsel beeause in a case such as this witnesses claiming considerations of dubious merit may well cause the jury to react unfavorably when it has full knowlshyedge of the brutal crime and the criminals prior felonious record Under these cirshycumstances we cannot conclude that the district court was in elTOr in finding that the attorneys representing appelJant acted at least at the level of reasonable professhysional standards Placing such witnesses on the stand opened the opportunity for cross-examination which could have resultshyed in a further dramatization of the heishynous crime and the prior criminal record

Since we have concluded that there is no showing that appellants counsel at the punishment stage of the trial fell below aeeepted standards of competence and conshyduct it is unnecessary to inquire into the second objective issue as to whether any prejudice was shown We simply state that the district court in its memorandum order also found no showing of prejudice

The conclusion that trial counsel met acshyceptabJe professionaJ standards also constishytutes a determination that the district court was not in elTOr in denying DeLunas moshy

FedRCivP 6O(b) That motion was filtd together with an amended petition for writ of habeas corpus which undertook to name the names of family members and friends who would testify and to supply affidamiddotjts from them as to appellants personal conmiddot duct with them This claim was made but without details and affidavits in the first habeas corpus application which was before the court We find no abuse of discretion in the failure to grant the Rule 60(b) moshytion and the proffer of the amended habeas corpus petition which actually added no new con~Dtion The separate appeal from this denial of the motion must result in affirmance of the decision of the district court

Right to an Oral Hearing

(2) A second issue raised by appellant is the failure to grant an oral hearing with respect to his habeas corpus petition As the discussion of the evidence set out aboe reveals there was nothing to hear The activities of the attorneys at the punishshyment phase of the trial were clearly before the court and appellant did not raise a fact issue as to what occurred Appellant did not propose putting on any evidence to establish that the attorneys effectiveness did not reach required norms The appelshylant stood on the factual record of what happened and the district court considered it fully Since no dispute as to the facts was raised appellant did not meet the reshyquired burden of undertaking to prove facts which would entitle him to relief Willie v Maggio 737 F2d 1372 (5th Cir 1984)

The entire matter of the right to a hearshying even in a capital case was recently presented in this Courts opinion in Byrne v Butler 845 F2d 501 512 (5th Cir198B)

[

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

3719DeLUNA v LYNAUGH

cert denied - US - 108 SCt 2918 that where a question has not teen earlier 101 LEd2d 949 (1988) In that opinion we raised and is a question solely of law we

concluded

[Ilf the record is clearly adequate to fairshyJy dispose of the claims of inadequate representation further inquiry is unnecshyessary Baldutin II Maggio 704 F2d 1325 1339 (5th CirJ983) cert denied 467 US l220 104 SCt 2669 81 LEd2d 314 (1984) S(t aLw Joseph v Butler 838 F2d 786 788 (Sth Cir1988)

Just as in the case before us the Court considered the record in B1Irne II Butler and concluded that Byrnes claims may be resolved without recourse to an evidentiary hearing [d

Constitutional Obligation to Suppl1l Counsel

[3] Finally appellant claims a violation of the Constitution because the State of Texas has not set up specific procedures for the supplying of counsel once the direct appeal of a conviction to the Court of Crimshyinal Appeals has been decided This conshytention was not made to the state courts and thus there has been no exhaustion of state remedies In addition this claim was not presented to the district court and is not properly before us for consideration Profitt v Waldron 831 F2d 1245 1250 (Sth Cir1987) We have held however

may consider it because of the possibility that it may be resurrected in a new petimiddot tion Long v McCotter 792 F2d 1338 1345 (5th Cir1986) We simply stalk therefore that the law is clearly estalr lished that there is no constitutional right to appointed counsel in collateral proceedshyings such as a habeas corpus petition Penns1llvania v Finley 481 US 551 107 SClI990 199395 LEd2d 539 (1981) Apshypellant received representation by appointmiddot ed counsel through his trial and his direct appeal to the Texas Court of Criminal Apshypeals He has had volunteer counsel in his state and federal habeas corpus petitions Certainly no prejudice has been shown in his case He has no standing therefore to raise the issue His assertion is no more than a general polley claim that guaranteed legal assistance should be supplied in habeshyas corpus proceedings Such is not the law

We deny both the appeal from the denial of the petition for habeas corpus under 28 USC sect 22S4 and from the denial of the motion for relief from judgment under Fed RCivP 6O(b)

CONSOLIDATED APPEALS AFshyFIRMED

Adm Office US Courts-West Publishing Company Saint Paul Minn

- (

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

APPENDIX B

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

$alne4 1Il Blla~~(ed ~h fj) CLINICAL PSYCHOLOGY

CLINICAL NEUROPSYCHOLOGY

3030 SOUTH ALAMEDA SUlTE 1 TELEPHONE 15121 888-8862 CORPUS CHRISTI TEXAS 78404 EXCHANGE USl21 882-7655

June 15 1983

PSYCHOLOGICAL EV~LUATION

NAME Carlos De LUna DOE 6-15-83 DOB 3-15-62 AGE 21 years SEX Male

ETHNICITY Hispanic MARITAL STATUS Single EXAMINER Dr James Plaisted

REFERRAL SOURCE District Court 28th Judicial District Nueces County Texas

PLACE OF EVALUATION Examiners Office Suite

REASON FOR THE REFERRAL

Dr Kutnick performed a court-ordered psychiatric examination of Mr De LUna on May 19 1983 and had some questions of whether the patient was genuinely suffering from a mental illness Dr Kutnick requested that the court order detailed psychologicalexamination in order to get confirmatory evidence

PROCEDURES USED

Wechsler Adult Intelligence Scale - Revised (WAIS-R) Peabody Picture Vocabulary Test - Revised (PPVT-R) Human Figure Drawing (DAP) Bender Visual Motor Gestalt Test Rorschach Inkblot Technique (Exner System) Minnesota Multiphasic Personality Inventory (MMPI) Wide Range AchieVement Test (WRAT) Review of the Patients Judicial File Behavioral Observations and Clinical Interview

Mr DeLuna received a psychological examination in a small quiet well-lit testing area within the examinerS office suite Adequate rapport was established prior to all standardized testing and the battery of instruments was administered incorporating several breaks OVer three hours of intensive One-on-one examinshyation time was spent between the patient and myself It is believed that the results of the psychological tests and observations are valid in that they provide a reliable and accurate estimate of the patients functioning at the time of the examination Mr De Luna exhibited no lapses of consciousness tics nor seizures during the assessment session

It was estabiished that Mr De Lunas dominant language is English and all of the standardized psychological instruments were administered in the English language

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 2

CLINICAL INTERVIEV~

Early Segment

When I met with the patient in the waiting room he responded to me right away He was able to follow directions to get to my office correctly He began by acting like he could not remember very much of anything at all He said that he could not even remember events from his childhood or from his teenage years He was not able to recall anything about any jobs he had ever had nor anything about the events surrounding the crimes for which he has been accused In fact Mr De Luna stated that he couldnt remember anything up to a few moments before the assessment had begun

When asked what crime Mr De Luna was being held for he responded I think that I am accused of murder He refused to give any details When I probed for details about his life he continually answered that he did not know he could not recall he could not remember It seemed as though he was trying to claim total amnesia After a long line of attempts at gaining information I finally asked Well how are you feeling and the prisoner responded almost reflexively I dont know I cant remember To that I responded I mpan right now to which Mr De Luna replied I know It appeared to me that he wanted me to believe that he could not remember anything at all prior to today

Late Segment

After I had done my early inquiry and it was obvious that the patient was trying to portray total amnesia I opted to administer the standardized psychological tests The tests took over 2 hours to administer after which I continued with my clinical interview In this later segment after rapport had been established and Mr De LUna had become comfortable with answering questions and responding to standardized psychological test items his memory seemed somewhat different

In this later clinical interview segment the patient was able to tell me that he had been in school in the local area but he does not believe that he finished school He also said that he believed he had been a prisoner at some time before He told ~e that he has a parole officer but would not provide me with a name He stated that he was sin9le and that his family lives in the local community He strongly objected to spending time with Mr Kiki Rodriguez at the jail stating I dont like him indicating that Mr De Luna had sane memory of individuals employed at the jail and had formulated an opinion At one point during the testing Mr De LUna asked if he would have to see the other doctor againl indicating that he recalled his previous visit to our office complex on May 19th~and wondered if

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 3

he would be required to attend another interview with Dr Rutnicy Mr De Luna also made statements which indicate he recalled working at some kind of semi-skilled occupation but he waS not willing to give details Just before leaving for the morning the patient requested that his favorite radio station be tuned in on my office stereo At this time he provided me with the name of the station and the stations frequency Within a few moments the patient was singing along with the broadcast to I Honestly Love You by Olivia Newton-John This indicates that at least part of his long-term memory is intact It certainly struck this examiner that Mr De Luna was attempting to deceive and that his memory loss was selective

Mr De Luna used words which he claimed not to have knowledge of during the IQ testing and he showed a knowledge of these words For example when he was asked What is your sentence near the end of the examination session Mr De LUna replied I dont have one 1I

And when I asked Do you see lots of arguments there in the jail house the patient responded Yes bullbullbull you learn to live with it I also asked him at one point to look at the ceiling and he reflexshyively looked up The words sentence argument and ceiling were among those that the patient claimed not to have knowledge of Again it appeared that the patient was attempting to deceive

FINDINGS AND IMPRESSIONS

Intellectual Factors

Mr De Lunas present level of intellectual functioning as measured by the WAIS-R is withinthe Borderline range (WAIS-R VIC-72 PIQ-72 FSIQ-72) It is my opinion that the results of this testing are middota gross underestimate of this patients intellectual abilities I believe that his intelligence is much higher than indicated by the quotients and that one can assume that these measures are absolute minimums that Mr De Luna is capable of Making the assumption that the intelligence quotients derived from Mr De Lunas responses are accurate he still has plenty of native intelligence to understand the procedings of the court the discrimination between right and wrong and the ability to assist in his defense His thinking and cognitive abilities are perfectly adequate for these tasks Even people with a much lower intelligence quotient than 72 could perform these tasks

There was considerable evidence of faking on the W~IS-R The evidence arose independently on three of the individual subtests Picture Arrangement Arithmetic and Digit Span These subtests were administered out of order after the patient had been prepared with the false expectation that the items ranged in difficulty from easy to complex I administered these items out of order and 1r De Luna assuming that the first few items he received were the simple ones

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 4

correctly negotiated a number of the more difficult items and then later when he thought he was receiving the more difficult items managed to miss simple ones This was true in all three of the above-stated subtests The patient was attempting to portray himself as functioning poorly cognitively

On the PPVT-R again the false expectation of easy-to-difficult item progression waS established I began the exam by administering to him several of the easier items and then skipped to difficult items and began to work backwards (that is I began with difficult items and with each item administered it became easier) Th~ patient managed to answer correctly to a number of the more difficult items on the instrument and then missed items down to some which are commonly known by 4-year-old children and a number of which he later showed knowledge of (eg ceiling flaming argument) bull

On the Wide Range Achievement Test the patient responded in a manner which is about what one would expect of a person with Bordershyline intelligence As on the 10 test I believe that the patient was trying to deliberately show himself in a bad light Even so his responses demonstrate that he possess cognitive skills which are well-enough developed for him to understand academic material adeshyquate to carryon a simple independent existence This test shows that Mr De Lunas cognitive abilities and understanding are at least adequate enough to understand day-to-day living

Neuropsychological Screening Factors

On the Bender Vi~ual Motor Gestalt Test a neuropsychological screening device the patients renditions of the geometric figures are fairly poorly drawn He drew them rapidly and flippantly and the general quality of his respOnses are not indicative of an organic symdrome

Likewise the patient drew a human figure quickly and then handed it back to me without a head When I asked about this he said that he had forgot and that he would be happy to put a head on the figure This is not a valid effort on the patients part

Personality Factors

The patient WaS administered the Rorschach Inkblot Technique according to the norms tables and formulas scientifically validated by Exner Although the patient attempted a number of times to make his percepts appear to be crazy sounding (eg A bug head its scpry I dont want to look at it) the actual percepts were almost all quite normal When scored against published no~s tables Mr De Lunas responses were well within the normal range In fact

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

bull

PSYCHOLOGICAL EVALUATION NAME Carlos De Luna DATE 6-15-83 Page 5

it shows that this patient is not suffering from any particularly debilitating anxiety or a serious depression The Rorschach is particularly difficult to fake when using the Exner System and it is extremely difficult to fake normal The results indicate that Mr De Lunats personality is free of significant neurotic andor psychotic processes

On the MMPI Mr De Luna approached the instrument in a way which was patently designed to deceive This is a classic fake bad profile which is often associated with individuals who are in trouble and wanting to appear to be mentally ill when they are not This kind of profile suggests that the patient made a deliberate attempt to deceive and endorsed a strategy of over-responding to the items endorsing many statements which a bonified mentally-ill individucl would not accept It would not surprise me to find that this patient is suffering from a character disorder From the present testi~g it is not possible to make an accurate determination about this

DIAGNOSTIC IMPRESSION

AXIS I V6S20 Malingering Bprderline or Higher Intellectual Functioning

AXIS II V7l09 No Diagnosis

CONCLUSIONS

It appears fairly obvious to this examiner that nr De Luna was making a major effort to deceive me into thinking that he was sufshyfering from a psychotic process In fact there is no evidence in the psychometric data to support that he is suffering from anything other than perhaps a personality disorder The patient is fully competent to stand trial and his level of intelligence even if it is Borderline is high enough for him to understand the proceedings of a court room to tell the difference between right and wrong and to aid in his defense The patients claim of amnesia which turns out to be selective in that he Can recall things that he wants to recall when he wants to recall them fits no known medical patterns of amnesiac syndromes It is my opinion that the patient is probably faking his memory loss

JRPdp

cc file

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

APPENDIX C

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

Ji~1 Xtlmil J( 9 ~sf 911 tI j1 ~J I

10t Y JitIa f

~ bull f ~A~ i_af 1u(4

~rltlp1 f~ t ~

June 14 1983

PSYCHIATRIC EVALUATION

The Honorable Walter Dunham Jr 28th Judicial District Nueces County Court House Corpus Christi Texas 78401

SUBJECT THE STATE OF TEXAS VS CARLOS DE LUNA CAUSE NUMBER 83-CR-194-A

Dear Judge Dunham

This defendant was seen for psychiatric evaluation ~s requested by the court on May 19 1983 My examination consisted of intershyviewing the defendant reviewing a nu~ber of records and having a brief conversation with his probation officer Hr Garcia

Onerecord was the order for examination which defines c~mpeshytency and insanity It also states he is indicted for Capital Murder

There are also numerous police offense reports and witness statements Essentially the defendant apparently robbed a Shamrock Gas Station at knife point and then stabbed the feMale clerk in tre store Apparently one witness talked to him just before the incident when he asked for a ride He was confronted by another witness He told this witness Dont mess with me I got a gun He was seen by other witnesses to have run away from the gas station and to be hiding under a car He was approac~ed by police officers where he was apprehended As he was being apprehended he told them not to shoot him that he was giving up

It was noted by the police officer that he knew the Miranda warning He was given this warning and then started to recite the lines by heart himself He appeared to be somewhat anxious and agitated Apparently alcohol was smelled on his breath He was interested to know if the woman had died It was of interest to note that he knew the victim was a female even though he stated he knew nothing about the situation

One police officer noted that he knew this defendant because he arrested him for disorderly conduct at the Club Casino Apparently the defendant recognized the police officer from before He told the police officer that he would beat this one like he did the first one The police officer felt he was more intent on seeking revenge for being captured than for facing a charge of robbery The police

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 2

officer went on to state that in the past he saw him as being inti~ishydating disrespectful and an unstable person Howevpr he feared those that he had respect for He seemed to pick on others that he could intimidate

The defendant related he did not know why he was here He does not know what a psychiatrist does He was Qiven a warning whereby he was told that this conversation was not confidential and that it may be used against him He was asked if he understood this and he replied In a way I asked him to elaborate on this but he did not say anything else

He went on to relate that he has been in the County Jail for two to three months He knows he is cnarged with murder His attorney is Mr Pena He recalls tal~ing just once to his attorney He states he has trouble corrununicating with his lawyer He statEs he just doesnt understand what the lawyer tells him He was not able to give me any examples as to why he did not understand He just stated that he could not remember

He denies going to any pretrial hearings or knowing how a psychiatric evaluation came about He was asked if he could get out of jail by bailor bond He began to answer this question and his lips started to form the word yes but then he stopped and stated he just doesnt pay attention to this kind of thing

He went on to state that no one has explained his legal situshyation at least he doesnt remember anything about it He was asked speCifically if he was given the Miranda warning or a warning about his rights He states he doesnt know what that is

He does not remember ever seeing a psychiatrist before In fact this is the first time he heard this word and doesnt know what it really means He was asked if he had mental problems and he replied that people said he did something but he cant remember doing anything I asked him What they said he did and he stated that he cannot remember This is interesting to note in that in our earlier conversation he apparently did know he was charged with murder

He went on to state he has memory problems He doesnt seem to remember much of anything anymore He states before he was in jail he was living with his mother He cannot remember the address He was asked what his father did and he stated he couldnt remember exactly what work his father was into He doesnt remember the name of the company that the father worked for He doesnt remember if he has ever been married He also does not seem to remember where he grew up or if he graduated from high school He finally was able to

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

PSYCHI1iTRIC EVALUATIONbull NAt-1E Carlos De Luna DATE 6-14-83 Page 3

state that perhaps he got as far as the 7th or 8th Grade but he just cant seem to remember very ~ell He was asked how long hes had memory problems and he replied I dont remember I informed him that I read a report that he is accused of stabbing a lady He replied I dont know He went On to state he just doesnt rememshyber He doesnt remember being arrested The next thing he knows is he is in jail but dOesnt know why He then stated he was told that he murdered someone Again this is of interest to note since he keeps changing his mind At one time he dOesnt remember what the chargeS are and another time he dOeS

I tried to ask him about why he was hiding under a car when the police found him He again replied he didnt remember

He is not certain if he has been in trouble with the law before He vaguely recalls that perhaps he Spent up to 18 months in prison and then was let out and given probation

He was challenged at this point in that I told him I thought he could remember more than he was willing to admit I then aSked him about his bealth He stated he didnt know what his state of health was He did shake his head no to the question if he heard voices He was aSked if his lawyer was trying to help him and again he stated he didnt know He was asked what he did in jail all day and his reply again was I dont know

He was specifically asked what the judges function was He did not know what he did When asked about the jury he stated he didnt know what that was He had not heard the word He was asked what his lawyer was trying to do He shook his head and states that he doesnt know exactlywhat a lawyer doeS He was asked if his lawyer was tryshying to protect his rights He replied he thought so but wasnt certain In fact now he dOesnt eVen remember his lawyers name but he did remember the narne in the first part of the interview He was asked about the District Attorney and he stated ne doesnt recall hearing this word

It was at this point that I decided to terminate the interview in that it seemed I would not get any useful information from the defendant I asked him if he had any other questions of me He then

1 stated When will they hold my trial I told him that I did not know Again it is of interest to note that he apparently knows what is going on in the court of law but just wont tell me

I tried to get some more information from the District Attorney Mr Schiwet~ Specifically I was interested in the background inforshymation in terms of how far this defendant got in ~c~ool and whether there was a question of his being retarded Mr Schiwetzdid not have this information but stated he would try to supply it to me if he

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d

PSYCHIATRIC EVALUATION NAME Carlos De Luna DATE 6-14-83 Page 4

got it So far I have not heard back from Mr Schiwetz end feel that this information is just not obtainable

I did talk with the defendantmiddots probation officer Mr Gilbert Garcia He stated that he felt this client came across as normal and did not Seem to have any memory problems He also felt his conshyversation was such that he was not retarded Apparently he worked as an electrician or plumber He recalls talking with this client for at least 5 or 6 times and he seemed to be able to remember a number of things

MENTAL STATUS

j The defendant was dressed in the white uniform of the County Prison He had handcuffs and leg irons His affect was one of anxiety with a little bit of sadness He was not very cooperative He kept stating that he couldnt remember I felt that as the interview progressed his memory seemed to get worse and worse It was obvious that he remembered more than he was willing to admit I thought that several times he remembered things in the initial part of the intershyview but did not later On It also was apparent that he knew much more about his legal situation than he was willing to admit He seemed to understand the questions when he chose to anSwer them Uis vocabulary was fairly good He had good sentence structure when he chose to answer However most of the time he stated he didnt know or just couldnt remember The defendant does not seem to be having any hallucinations delusions suicidal or paranoid ideation He appears to be oriented to person place and time He claims marked memory problems His attention and concentration span appear to be adequate

IMPRESSIONS

AXIS I MalingeringAXIS II No Known Personality Disorder AXIS III No Known Physical Disorder

I definitely feel this defendant is malingering and that he knows much more than he is willing to admit I feel that he could probably cooperate with his attorney and understlnd his legal situshyation I feel that he could hold a rational conversation if he so chose

I did want to get psychological testing to confirm my opinion I think the testing would definitely show malingering However I was not able to arrange for this additional data

APPENDIX D

)FfIDAVlI

STAlE OF IEXAS

liMy name is Maria Conejo ard I ~ over the age of 21 years of ege ard fully competent to ake this Affidavit I ~ the sister-inshylaw of Carlos DelJJna who is on death row at the Ellis Unit in the Texas Department of Corrections I ~ presently employed at YOllfg Fashion Jewelry My phone BJIIIber ard address are (214) V8-8545 220 East Hi ller Garland Texas I have never been convicted of a felony or a aiscielDeanor of aoral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos 1ite that I bel ieve would have mitigated against the jury giving the death penalty

I think about all the good things he did when he was arourd us He lived with us for quite a while While he was here with us he used to take our kids to the park along- with his nephews when they were arourd He used to do BaDe errands for me I ike going to the store ard mai I ing the bi lis ard make money orders for us when we needed them He would take care of my kids while I worked cleaning houses I remember one time he brought this girl with two lxtbys to be here with us because he was in love with her at that time He went out looking for a job ard foun1 it Sle left him ard went back home to her parents When he was young he was a good boy When he was a teenager he was a good boy bJt then he started hanging arourd the wrong kind of people He has charged He knows right fran wrong now I could go on ard on alxut how many times Carlos has helped our son ard our nephews with fixing their bikes ard in showing them how to be a hard worker Carlos was never lazy He was always working ard fixing things arourd the house I hope I get the chance in person to tell of all the good that Carlos has done in his life ard all the good he could do in the future

I ~ presently available ard willing to testify concerning these facts as I was dlning the time of the investigation ard trial of Carlos

case

~I(ED 11t da ofAND SWORN 10 BEfORE ME on this the

JUlY 1988

~

Commission Expires

APPENDIX E

MFIDAVIT middoti

STAlE OF TEXAS KN)W AlL ~ Ff TIiESE PRESENTS

My name is Manuel Conejo and I am 16 years of age ard fully competent to make this Affidavit I am the nephew of Carlos DelJJna who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student at South Garlam High Schoo I My phone number am address are (214) 278-8545 220 East Miller Garlam Texas I have never been convicted of a felony or a

~ misdemeanor of mora I turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jLnY many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My Uncle Carlos was a fun man to be with 1 remember he would take all of my cousins am me to the park we would play softball Sometimes we would play football He would take care of all of us After we would go to the park he would bly us all sanething to drink or eat I remember when I was three or four Carlos would come to our house to listen to records he would play with me Blt now it is different hes in jail am Im at home I believe he doesnt belong in there because hes not the type of man that should be put in there Being in jai I has changed him alot mentally ard physically He thinks better ard unierstards things This is shown in his letters His appearance has also changed He has lost weight This is shown in his pictures When we go to visit him he looks different than what he used to If my Uncle Carlos DelJma was given another chance he would be a different person Meaning as in a good person He doesnt deserve to be executed because other men have done worse crimes than him am they are still alive He is really a nice person to be with it would be nice if we could be together again ard have fun like we used to do

I am presently available am willing to testify concerning these facts as I was during the time of the investigation am trial of Carlos case

~BED AND ~ 10 BERm ME onUlis the )t hdaY of

10y middot 1900 lLf1J-shy~~1liE

11 ~~STA~~~~

Commission EXpires

APPENDIX F

AFFIDAVIT

~TE OF TEXAS

My MIle is Mary 1uTedordo ard I am over the age of 21 years of age am am fully competent to make this Affidavit I am the sister of Cerlos DeLuna who is presently an illl8ate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed at Texas InstnaDents My Jilone rumber am address are (214) 278-7881shy301 East Miller Garlam Texas I have never been convicted of a felony or a misdemeanor of moral turpitooe

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

My brother Carlos DeLuna is very dear to me He is the y~est boy from a family of nine As he was growing up we spent lots of hours in movies carnivals parks am so on As the years went by he would go to 0Jr home after some of us had gotten married am spent many hours with us He enjoyed the family gatherings am holidays at Moms house It was always something we all looked forward to I remember when Carlos got a job at What-A-BJrger He couldnt wait to get paid Ihat day he came haDe with a lot of btrgers am fries for all of us He was very generouse with his nephews always taking them places am ruying them thirgs Till this day 1 fim it hard to believe that he is where hes at I was at his trial ti 11 the em I thought that another person was beirYJ tried The lawyer ~asked me to testify for his behalf I might be wrong in sayirYJ this rut I never thaght he had gocxi representation from the appointed attorney Carlos was already judged guilty before he stepped into the door by the media all the newspapers I believe Carlos deserves a chance He was very y~ at the time When 1 talk to him now I can seelS wiser am at pe4ce with himself He is very close to our Lord Jesus OlriBt Cerlos needs kirxlness am another chance with his family who loves him so much

I am PI esently available am willing to testify concernirYJ these facts as I was dlDirYJ the time of the investigation am ial of Carlos case

Commission Expires

APPENDIX G

AFf101VIT

My name is Max Arredorxio erd I am 19 years of age ard am tully ~tent to make this Affidavit I u the nePtew of Oulos DeIuna who is presently an inmate on death row at the Ellis Unit in the Texas Departllent of Corrections 1 all presently a stulent at Richlerd College ard am employed at United Parcel Service My]Xlone lIlmber ard address are (214) 278-7881 301 East Miller Garlard Texas I have never been convicted of a felony or a misclemeanor of aoral turpitule

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thillJs concemillJ Carlos life that I believe would have mitigated against the jury givirg the death penalty

I all writirg this letter to let you know alxut a person my fami ly ani I care a great deal for my unc1e CarI os DelJJna I remember as a yourrr child Carlos would take me to the pork where we would play football This is when I leanled to enjoy the game erd grew closer to him I never had an older trother In a sense my Uncle Carlos was lIlY older brother He would take me ard my younger brothers to the movies and out to eat after gettirg paid The thillJ that I noticed the IDOSt about him is how much he has charrJed You should see him now he is a better person he has foond God He is also a agtre carirg person I know he is still the good person he has always been

I all presently available and willillJ to testify concemillJ these facts as I was durirg the time of the investigation and trial of Carlos case JYlax tLlaquod~tC ~~ AND ~ TO BERRE ME on this the ---~~ ~ 1988

r -

CaDmission E)cpires

APPENDIX H

AFFIDAVIT

5IA1E OF TEXAS

My name is Robert Arredomo Md I em 18 years of age Md em fully competent to make this Affidavit I em the nephew of Carlos DeLuna who is presently an iraate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rloton amp Associates My phone IIJIDber Md address are (214) 278-7881 301 East Miller GarIMd Texas I have never been convicted of a felony or a misdemeanor of moral tlnPituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury aany things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

My unc1e Qu-los DeIuna Md I are very close Car los was always gcxd to me Md my brothers He would always do things with us Carlos would take my brothers Md I to the park or the library at times He was a very givirg person bIyirg us small gifts Md when he could he would take us to the movies I got to kncgtw Qu-los pretty well wi Ie he was stayirg with us Qu-los has grown up a lot in the last five or six years I know he is stuiyirg Md takirg classes Md workirg hard on improvirg himself We all love Qu-los very much

I em presently available Md willirg to testify concernirg these facts as I was durirg the time of the investigation Md trial of Carlos case

~ AND _ V bull 1900

11) BEfCIlE HE on this the

r

APPENDIX I

AFFIDAVIT

STAlE OF TEXAS

My naJDe is Michael ~ondo anl I am 17 years of age anl fully canpetent to DSke this Affidavit I am the nephew of Carlos DelJJna whO is presently 4l1iraate on death row at tile Ellis Unit in tile Texas DelDrtment of Corrections I am presently a stdent at South Garlani High School My phone ILDIIber end address are (214) 278-7881 301 East Miller Garlend Texas I have never been convicted of a felony or a JlliliClemeMlor of JDOral turpibde

I was never contacted by the attorneys to testify If 1 had been called by the lawyers to testify I would have told tile jury many things concerning Carlos life that I believe would have Jllitigated against the jury giving the death peJll1lty

Carlos is my uncle ani a nice man He always tCXJk my brothers ani me to many different places tile movies rut for ice cream ani out for haJnbJrgers He always was like a big brother to me Carlos always tCXJk care of us Carlos needs a chance to prove to society that people can and do change in life He was real young when this happened Now he is alot different older and wiser When I think of Carlos all I remember is how he always helped me whenever I needed it and he was always nice to us Now he has lost about sixty pcurx1s he sent us a pictlDe ani he looks good and his letters sourd very happy

1 am presently available end villirq to testify concemirq these facts as I was during the time of the investigation ani trial of Carlos case

Commission Expires

APPENDIX J

AFfIDAVIT

STAlE OF TEXiS

KN)W ML ~ BY niESE PRESENrs cnJNIY OF DAILAS

My name is Salvador Marquez am I am over the age of 21 years of age am am fully caDpetent to ake this Affidavit I am a lrothershyin-law of carlos DeIunil who is presently on inmate on ~th row at the Ellis Unit in the TexAS Department of Corrections I am presently -played at American Iron ani Metal My phone IIJIIIber am address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I hI1d been called by the lawyers to testify I would have told the jury many things concerning carlos life that I believe would have mitigated against the jury giving the death penalty

carlos has stayed with us and he worked with me at Arrow 1m He is know to be a hard working person am he has always hI1d respect for me ani my wife He took care of my family when my Wife worked He is very good with kids ani a very urderstanting person The kids

~ really love him ard miss him He was very young at the time all this hI1ppened I feel with age he has gotten wiser in 1ife I would be willing to testify that he is a changed person With Gods help and yours carlos wi 11 be a contriblting person to society

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of carlos case bull

_J4h(y JnM ~ AND SWORN TO BEfORE ME on this the IJ t1day of f~Jy bull 1988

I

Commission Expires

APPENDIX K

AFFIDAVIT

STATE OF IEXJS

My name is Rebecca MDrqueZ am I lUI over the Dge of 21 years of Dge am ~ tully cxapetent to make this Affidavit I am the sister of Carlos DelJJna 1Jt)() is presently an itllllate on death row at the Ell is Unit in the Texas DepartJDent of Corrections I am presently employed at Dallas Tailor lAundry 9Jpply My Jilone rumber and address are (214) 388-7967 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a aisclemeanor of moral turpitude

I vas never contacted by the attorneys to testify If I had been called by the lawyers to testify I woold have told the jury many thirgs concemirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

I know for a fact that while Carlos stayed with me in Dallas he worked very hard am helped me with our expenses and woold also baby-sit my children while I worked My childred were then a 7 yr old a 4 yr old am a 2 yr old He was great with the children and my children love their Uncle Carlos They wouldnt stay with anyone else bJt him Everyone has respect from Carlos I will testify in court how well behaved he is not only because he is my brother bJt Carlos is the greatest TIlere is eanethirg special about him He always says yes when you need him If he would go and bJy saDethirg for himself he never woold 00ID8 home empty handed He always 1Irought everylxxly saDethirg back it it were a coke or candy I do think he deserves to live to show how much he has improved or father is an alccholic am never suPported us when we were yourg 0Jr poor mother had to work to support her feamily Maybe thirgs woold hAve been different if mother would have had the time to keep Carlos away from the wtOIYJ crowd bJt now he knows who the gcxxi and bad crowd are and he has chosen the good crowd He is takirg classes to improve his education He finished high school and is row workirg on college classes He is a IIIIlch different and better person thAt he was six years ago I pray God is with you as you read this end with Carlos

I am presently available end willirg to testify concemirg these facts as I vas durirg the tiM of the investigation end trial of Carlos case bull

~BED AND SWORN TO BEFORE ME on this v bull 1988

I

J

APPENDIX L

AFFIDAVIT

STATE OF IEXAS

My name is Joe Anthony Conejo and I am sixteen years of age and am fully caDpetent to make this Affidavit I am the nephew of Carlos DeJJna who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently a student and am employed at Krogers My address is 6600 Ethel Drive Dallas Texas I have never been convicted of a felony or a misdemeanor of JDOral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many thirgs concemi~ Carlos I life that I believe would have mitigated against the jury givirg the death penal ty

I used to stay wi th my Unc1 e CarI os when I was sma11 We had lots of gocxl tillleS together when our Uncle Carlos used to take care of us He woulJ let us watch t v all we wanted to and would get mad at us when we didn I t eat our vegetables I remember once he took us downtown and spent all his money to luy us a remote control car We had fun that day even though I emed up lreakirg it and we hid because if Mother would have fourrl out he spent his money on a si lly car she would be mad so we never told her up to this day There would be times when it was too hot in the summer and he would bathe us outside with the wateroose TIlat was fun Carlos was a sweet loveable person He was the big brother I never had I pray everythirq wi 11 tum out fine and let him show you what kim of person he really is I wait with open arms to see him again and pick up where we left off when I was small Thirgs will be different now that I am older and try to urrlerstand I He better I wish nothirg rut the best for my Uncle Carlos May God be with him

I am presently available and willirq to testify concernirg these facts as 1 was durirg the time of the investigation and trial of Carlos I case

on this the

) fdaY of~ AID SWORN 10 BEfeRE ME

V Y 1998

APPENDIX M

MFIDAVIT

STATE OF IEXAS

My name is Daniel J Conejo and I eun aver the age of 21 years of age and fully caapetent to Ieke this Afficklvit I em the lrother of Carlos DeLuna who is presently an inmate on death row at the Ellis Unit

in the Texas Department of Corrections I em presently employed as a carpenter My phone rumber and address are (214) 278-6545 220 East Miller Garland Texas I have never been convicted of a felony or a isd~ of moral turpittrle

I was never contacted by the attorneys to testi fy I f I had been called by the lawyers to testify I would have told the jury many thirgs concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I have known and lived with Carlos much of his childhocxi and teenage I ife where I have passed great and happy IIlOIDents with him and have great brotherly lave for him To my wnerstarding Carlos has always been a nice obedient 00y as a child ani throughout his teenage years I have had close contact with Carlos since his incarceration He has always shown respect for me and his fellowman always letting me know of his futlte plans ani schooling ie bull courses he has teken there while being confined with TDC In his letters they have demonstrated much transformation ani maturity in him self acknowledgement of life with great respect for hUllllm life and Gods creations and all that surrourds mankird I truly believe his incarceration with TDC has made Carlos a better citizen Like I said it has shown him to have great respect for human life This is why I believe if Carlos is given a secord chance he would be a better citizen in this society of ours and this is why I believe Carlos DelJJna should not be executed urner thOse circumstances of capital pmishment

I em presently available ani willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos eSse

~ lINDswalII TO BEfOIlE ME on this the J)-Hgt day of

VI 1_ ~

i PUBLIC N niE

7~~tl~~ Commission Expires

APPENDIX N

I

on this ll shy day of

-~

AFFIDAVIT

STATE OF TEXAS

roJNIY OF DALIAS

My name is Freddy Gutierrez arxi I am 20 years of age arxi fully competent to make this 1ffjdavit I am the nephew of carlos DelJJna who is presently an inmate on death row at the Ell is Unit in the Texas Department of CorrectiCl1S I am presently employed at Kratt My phone rlllllber arxi address are (214) Z71~1 201 EastRidgewood Garland Texas

have never been convicted of a felony or a misdemeanor of moral turpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I would have told them about the tilDe when Carlos came to visit us There was a group of larger kids who were always beating up on the yOUIger kids inclu1ing myself Carlos by himself went to each house of the wIly kids arxi talked to the parents arxi inforJDed them of their childrens activites He was always concerned about those folks who were helpless and he always did what he could to see that they got the help they needed

I am presently available and willing to testify concerning these facts as I case

was during the tilDe of the investigation trial Carlos

ff ~IBED 1ND SWORN 10 BEFORE ME

1 )( 1988 7

Commission Expires

1

--(

APPENDIX 0

AffIDAVI1

STATE OF TEXAS

My name is Alfredo Gutierrez arrl I am over the age of 21 years of age arrl fully competent to make this Af t idavlt I am the brothershyin-law of Carlos Delurlc1 who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently employed by Kraft My phone number am address are (214) 271-8461 201 East Ridgewoxi Garlani Texas I have never been convicted of a felony or a aisdemeanor of moral turpitude

I was never contacted by the attOlileys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have aitigated against the jury giving the death penalty

I have know Carlos since he was a little boy approximately ten years He is a nice boy even when he grew older he was nice to me and my family Carlos has always respected me at all times Carlos used to go fishing with us He would come to ay house in the SIImDertime Carlos deserves another chance to prove he has changed In the SUlllmert ime he would work around the house He is the hardest worker I have ever known

I am presently available am willing to testify concerning these facts as I was during the time of the investigation ani trial of Carlos case

t1fM-t~

CoaImission Expires

APPENDIX P

AFFIDAVIT

STATE OF IEXAS CXXJN1Y OF JllUlAS

My Mlle is ~ Deluna-Earleybull ani I am over the age of 21 years of age ani am fully competent to make this Atfid4vit I am the sister of Carlos DelJJna Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I em presently employed at Brad Rhoton and Associates My Jilone nJIIIber ani address are (214) 991-1580 5050 OJorum Drive Dallas Texas I have never been convicted of a felony or a lDisdemeanor of moral turpituie

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concernirg Carlos life that I believe would have mitigated against the jury givirg the death penalty

k3 kids we were never that close to our parents My dad was an alcoholic and they never had time for us Maybe because my mom and dad were older parents or maybe my IIIOther was tired or raisirg kids My mom 1Di six kids from a previous l114rTiage Carlos and I were very close to each other He would always play with me as kids Where we grew up all these kids were boys There were 00 girls to play with Carlos would tell his frien1s that if I could oot play with them he would oot play He always helped me with school work We stayed up late Friday and Saturday and watched tv and ate popcorn My mom worked so she would make me clean the house and cook My other brothers never helped me b1t Carlos would and if I lroke somethirg around the house and if lIlY Mm found out she would spank me Dlt Carlos always helped me glue it back together When my Mom bought Carlos a new truck and he worked at What-A-DJrger he always took me out to eat and would bJy me clothes for school and take me out to movie shows and he taught me how to drive He took me to school and picked me up We stayed up late talkirg When I talked about me problems he always listened to me and helped me out When I was first l114rTied he lived with us and took care of my baby He always helped me with the household bills Carlos ha8 always been nice and friemly to everyone he knew I have never seen him anJrY He was always ilirg Carlos and I write to each other every week He las completed school programs and he is very D1ch at peace with himself I can keep writirg more about us as kids rut I know deep in my hem-t Carlos is a gocxi person

fA _

Print or ~OrSo clI

Camnission Expires

APPENDIX 0

AFFIDAVIT

SIAlE OF IE)AS

My name is Milda Callahan and t am over the age of 21 years of age and am fully competent to make this Aftldavit I am a friend of Carlos Deluna Who is is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections I am presently tired My phone number and address are (214) 840-1895 216 East Miller Garland Texas I have never been convicted of a felony or a misdemeanor of moral bDpitude

I was never contacted by the attorneys to testify If I had been called by the lawyers to testify I would have told the jury many things concerning Carlos life that I believe would have mitigated against the jury giving the death penalty

I knew Car1os DelJma severa1 years ago when he lived next door with his b-other Daniel Conejo and his wife He worked as a cook at a fast fltXXi place We all spent many hours sitting out in the yard together Many times I would be there by myself and he always sat and talked He was always so nice and polite to me a very sweet boy We laughed a lot together He was always so happy and gltXXi with his younger nephews playing ball and all with them I am sixty-three years of age and I enjoy seeing young people trying to do so gltXXi I think he deserves to live and to be happy again and to show what kind of a nice young man he really is

I am presently available and willing to testify concerning these facts as I was during the time of the investigation and trial of Carlos case

~IBED ANI)middotSWORN TO ~ ME on thi __--~-____bull 1988

Y PUBLI FOR niE

SfA~ J HCMd Print~middot 0 ~

Camnission Expires

APPENDIX R

APPENDIX S

~

J

AFFIDAVIT

STAlE OF TEXAS

COJNIY OF OAUAS

My name is Victoria QJtierrez and I em aver the ege of 21 years of age ani fully competent to JDake this Affidavit I am the sister of Carlos DeJma Who is presently an inmate on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently employed at Krogers My phone nDIIber and address are (214) 271-8461 201 East Ridgewood GarIani Texas 1 have never been convicted of a felony or a misdemeaoor of JDOral turpitude

I vas never contacted by the attorneys to testify If 1 had been called by the lawyers to testify 1 would have told the jury many things concemin Qlrlos life that I believe would have mitigated against the jury givin the death penalty

I believe that Qlrlos should have a chance for another c6urt heariN Qlrlos has always been a nice~ lrother to me ani my kids He writes to me all the time apologizin for his mistakes he made by hanJin arourg with the wronJ kind of people 1 have visited Qlrlos recently and he has matured alot He sounds serious all the time He respects me all the time ani he has always had respect for people even when he was a little boy Qlrlos has changed for the better because he has become so much wiser and smarter Thank you sir for readiN this If you can see Qlrlos you will see how 1IIUCh he has changed and how much he has matured Most of all know that I I ave him

I em presently available and willin to testify concemin these facts as 1 was duriN the time of the investigation and trial of Qlrlos case

Printor~_ ~m

Commission Expires

APPENDIX T

AFFID1VIT

STATE OF IEXAS

CXlJN1Y OF IWlJS

My name is Brad R Rloton and I em 29 years of age and fully competent to make this Affidavit I em the future ~ther-in-Iaw of Carlos Deluna who is on death row at the Ellis Unit in the Texas Department of Corrections 1 em presently the fourder of Brad Rloton amp Associates a real estate investment company with approximately fifty employees My phone rumber and address are (214) 991-1580 5050 CAlorUllt Drive Dallas Texas I have never been convicted of a felony or a Ilisiemeanor of moral turpitude

I have known Carlos for about four and a half years now When I first met Carlos face to face I visited him with his sister Rose DeLunashy

Earley my fiance He weighed approximately two hundred pouniS was very quiet and withdrawn and very polite We have been writing to each other approximately two to three times per month since our first meetirg About a year and a half ago we visited Carlos again He had lost approximately sixty-five to seventy pourds and now weighs about one hundred twenty-five to one hundred thirty-five pounds His personality is much more pgtsitive and happy and I have never seen such bullinner peace I in anyone as I saw in him He says his life has completely charqed now that Jesus-(od is in his life Arx1 it is very obvious bt his massive weight reduction and very positive happy outlook on life Carlos talks about when he gets out he is goirg to give lectures at high schools colleges churches and everywhere he can tell ing about how God chanJed his life If Carlos were released today I would hire him I would love to have someone with his beliefs workirg for me I em available and willing to testify concerning the good character of Carlos Deluna - -4

~ ~ ---lt ~ J 1 ~ l _ --- ~

~BED AND SWORN TO BEftm ME on this the Il1raquo day of ______~~~~----__ l~

Commission Expires

APPENDIX U

JlJLy 11 1988

IIY UME IS ROSAIIO II ESQUIVEL 1 AM EMPlDYED AT CRUK 6 FORSTER

CXIIMERCIAL IJISDUIICE COtPABY AS A ClADS SUPPORT FOR JIOUI nAIlS

IIY IItJIIBEI IIDE AT WORl IS (214)827-6110 1429 IIY HOME IIOHBER IS

(214)276-1531 I LIVE AT 201 SERDERO DR GARLARD TX 75040

1 BAVE DOWN CARLOS DELURA FOR FOUlt YJWlS WE IlET TBRU BIS SISTER

lit-LAW IlARY LOU COREJO SHE BAD ASKED lIE TO WIliTE TO BIll AS A PEN

PAL I WAS HAPPY TO SURT WIlITIRC TO BIll WE HAVE BEEN WIliTIRC TO

EACH OTHER ON A WEEKLY BASIS I WOULD SOMETIMES GET FOUR LETTERS OR

IIORE ROM BIll IN A WEEK AND I WOULD AlISWER THEIl AS I DCElVE THEM I

ALSO VISIT WITH BIll QUITE OFlEN AS MUCH AS IIY WORl WOULD ALLOW lIE

TO GO AND SEE BIll

lBRU THE POOl YJWlS I BAVE DOWN CARLOS BE BAS LIWUIED AIm TO lAUGH

AGAIN TO BAVE BOPE AND lDVE SOIIEONE THAT WILL GIVE BIll SOHETBIBG TO

LOOK FORWARD TO 111 lBE FUTURE YES WE DO BAVE PLANS FOR MARRIAGE

BE BAS lBE DUCATIOIt AND SUPPORT OF BIS FAMILY TO llAillTAlN A BORIIAL

LlFESTYIE I WILL BE BEBIRD BIll AND GIVE BIll THE LOVE AND SUPPORT BE

IlEEDS 111 WHAT BE DECIDES TO DO BE IS A VERY CAlIJIG PERSON AND PUSEIITS

BDISELF AS A CDlLEME1l WBEIt I VISIT WITH BIll

1 CAli BE REACHED AT TBESE BOMBERS GlVEIl ABOVE IF I SBOULD BE CAIum TO

TESTIFY 011 BIS BEHALF 1 WILL BE IIOD THAll WELCOME TO

~Y-1l ___~~Iamp ~ 7

IlOSAIlIO II lVEL

) P ---1 f -

~tc MG

APPENDIX V

APPENDIX W

middot--___--DA-Tf 6-]9-78

~=--nl fi3Q 1M Ooru Owo o 10 orfICf ~~~ o~~~ o YO 0

o yu 0100

HAIA

AU

tmiddot4~ - --___ ~ shy

to I ~ ~1- ~ I

i~tl~~__ __________ _____Jlt _

~

igtshy _ bull

J

-~

bull PQ

middott~

f3~~_

l~ ~ ~[ ~ -~-~

~~ ~~i~gtir~ftjf(1nl1 Hall )ii~

~~- ~ )~(

gt~t~~-1 f

~ bull bullbull I

~-~ It I ~ t ~

~~~~~~~~~~~-

Iotmie

of bull $1000 bUll

_ _ __flfI__imiddott w ~ N f

_T I ~bull-----~~---------~+~~----~

1

~

I-

~

-1

ir ra ~ 1

-

~ li L

+ __ __ tIIt -14J___ -c~tJpllt~

em bullbullbullbull iW~_~ l ~ bull l r

_ ~ J J~bullbull

~

-~~middotmiddotmiddot_f ~ bull w ~

C1 I

-1

+-- shybulli 1 ~-

r - eM bull bull d _-- - t = bull it bull~----

1 ~

Xlvn 0-0 o IO(lfrICI[

a~CllIIlIP -rfva UNO nyU 0 NO

~~-~ -bullbull

bull ~ 1

-~ bull

MCCWIIIIO aT VALUI PIIIOI TAG

J

( __ t ~ - ~~ ~

_ _ A__bull _ JLI

middotmiddotl

-4

_ 1 h 0 I f ~~bullbull ~

I j t

1-_ i ~----- ---------

IF DOB 9-21-61 kford -~~

1M 3-15-62 7 bull

~

~

~ -

of

I ~~~ ~ ~ ~~gt lgt~~

~ bull 1 ~ - -

4 bull ~ ~

~ ~~ t ~ -

l ~ l bull

i

~ ~ -middotw e

b bull bullbullb bullbull bull ~

(itb bull

_________________ __

--

~~~__________ cgt_r____~~~~~~_-_-~_-_-_-~_-~_-~~~~~~ __

pmt~~~ll1~~poundOr~~~ --~~~t~~~DO hUI h(iilUVr=- ---- shy1t~u 8ElfIRA-RWlRllSmiddot-------- shy

CORPUS CHRISTl POUCE DEPT ~ ____-------__----------~-----

DELUNA bull CARLOS G4096~ OJt562 WH 5-(17 i50poundtR8R lt f gt~

----o20=1S ---ROCII1FORnOr-------------OFPOrCHR I X ------ shy ~~~O~ C05~BampmiddotARf)Tmiddotmiddot02U78 -OFFH08G2 4GB bull ATTEHPT-PURGLARYmiddot ~ -~-- ~ --shy--~

tlMUNIt ~ RELS TO rAfE~n fmiddot~-ArIIRIIIImiddot~1Ct8~lf~12tmiddot~AiriRnifrTTt03~a1eea1rtmiddotFii~~middot8ii10iiJloJP-Oiii-BmiddotirMIt16-~~~SOtlRPICTt81ARl7tr---

j RLS NO CHARGES FILED

r--~-Cr~~~ ARlffTampjS--7-amp1t)-~-- -middotr-middot~-middot~UNCIPALmiddot-~RTrIJARRflNtbullmiddotmiddot-3-2-8-amp5-(Y---middot---middot

---- -- TRANS-TO-MART HALC - ARnOC089JARDYG5~8~OFFNOB(l531tgtB7I bull J _ _ _ _ mJTO~TUEFT - I -~ -- h(lURGLARYshy------ --- ------~------L 1ftlNAWAr- TRANS TO HAFt HALL

r-RN(JC6YOJlIO-ARDI 6619S OFF~O8c)693 IREn--- ~--------- shyJ SNIFFtNGmiddot TRANS TO HAR~ HALL

J-~~e6middotf~R~~et 9i8OFA1WSnl9845i7 ~~~SNIFFIN~- - t-[--~-------- shy1------TRANSICrliARI HALC In~Noct6196 MOl ohitmiddotbFFHOB230044

j lJIfAUTJfmtojTRVEHICLE TRANS TO HAF~ HALL

r-~~Cn~fiiAFi1tY121~~~~1~~B~~~ ESCAPE - r-l-7-~~-i---- shyr-- -~--TRANS-To-HAR I RALLmiddot shy~ jl i ) ~ j__ ~~N ______JGd ~tA1 01 ~b r~fs r 4-rYLci4

~-4A---~ middot+6 0)0pound2_--- lY

_n - - ~~_ _4L~ --71~-~~-~ -__ t1-rr-r IIJP-________ __ __ (__ l

---------_--_ - -- r--------middot shy ~ f

r

(

t

~ -- -~

--~ ~

6tAJtcopound AFTER INVESTIGAnON

CHANGtNG CHARGE(S) DAn TIME

~~~~rmiddot~~i~middotf ~~~_~~ ~ ~ _ 1 ~~

~~~~F~~7~1iDA~~~n~OOF~middot~AI~O~u~nrmiddotmiddot~~Tmiddot~middot~~iMX06Qw~--~1r~~~~~~~~~~~~~~t~~~~~~~ ~n OFfICEI(S) ~~ EMfI

bull fIttOPR1Y IICOID

lAIGE Afry INVESTIGATION

0FACf CHANGING CHARGE(S)

CHANGIc CHARGE(S)

~ firs SIGNATURE WHENJ

J ~ bull _(J-

TRANSfERlaquoEO BY

~usoNHCl ONlY _ - ~ -___bullbull _ __ ~_ __~~ __ _-___ _ ~1 SH~ET NUMIltR ~ _ ~

_-p _ ~~~ __-~ ~--~- -- _ -l-- _ - - -- bullbull

J = middotmiddotlt~~f~~middotrf~- ~C~~~~~RISr pOLicE DE~Ait~MEN~ _~ ~ C 3 988 bull bull

gtshy- - ~-~~7~-If---I~f-T~~~~~ci=-+

- - - --MI

OtjlNVINU CHARGE(5)

pound1 DISPOSITION (011) REMARKS

Imiddot bull ~ - bull 7~~ Mil M

~ ~+~~~ --~ ~~ I=-==~---~T~=---=~T-=-=-~~---L-

ilmCER CHANGING CHAItGE(S)

ijHARGE AFTEft INVESTIGATION ~~J

9JHEIT DSIIOSJTION (0It) REMARKS

DATE

DATE TIME

ClO1HING

COM OIIVII lICiIdI

GlOYts

CIIlOl1 CAaO(S)

RELEASED DATE J TIME

-7~~R-f-- OL STATE

~ t- _

IMH

1OampACCO

OIHlI

HtCll11l

VAWII Of CIIK

ot STATE ~

~

tJ I f l- 500AL SECURITY NO

tD~~ )~IiI Z~z$)i DATE Of AIlIESt TIME lOOKED

2-7- Vo - 55111

- bullbullbull ~~bullbullbull ~

YR ~ ~MAI(pound mlE VEHICLE UCENSE l

middoti~

= bull ADDmONAl OFFIHSE lfPOItT WRtmN YES ~~

L I AlTER INViSTIGA nON

L CHANGING CHARGE(S) DATE TIME

CORPUS CHRISTI POLICE DEPARTMENT --famp-P~ROCtSSED---

TYPf 01 ~middotIEUI)~

)tal~-

~~~~~q~~~~~~~~~~~~~h~~--~~=--~--~~----~C7~~~~~~~~--

bull JiARGfi AFTER INVfS JlGA nON

BEfOP[ RtlPSING

~~~~~~I~f~~~~------~----~~~~~~f~R---------+--~ ~--~l-~~-- fFICEIt CHANCINC CHARCE(S) DATE TIME CICAuun toc tcvC~o

-j (IttOlf CAROSI laquoOJ TOIAI (ASH~----------------------~--------~------~

iidr~I~M ~kd7 4Jf-~ ~ 0 u

~ a~ac ~t-e ~ ~eLJ ~ 4Rt k 4ltlt6 CUl

~--ilt ~~-P ~ ~ -v- ~~ PetfLdshy

TI t1 ~z tamiddotr7~ 4 jamp- a6P=r gt4 c~~middot ~u ~ltICuPtvd( lt-7gtlaquo z ~ ~~ ~A-d-~ ~~ ~camp cent -Ip~ u-J ~~ 3-pound f~~Ld ~~~~ -~ ~dh~ jt~~ ~ ~~ ~u~~-e-p rlt~ ciJ ~ ~-4 ~ ~Aec( cv-e- pound cl4

~~~~

__

--- -

j pg Of __

j ccro SUPPLEMENTARV REPORT ~j shy10I4tHiE N~IW LOCATIOH Of OfHNlgtl I()(f(~middot( lCUlgtlgt(O TO-I-~ Ca tal)Jgp ~ pi _ 2602 811)bull

VlCTIoII1O_E iFl 01 OFENSE I QoU 0 U tN II IIbull 1pound 2-4-83 ~ 2-8-83 Lopez litADlaVaru C ~ Bu~

IpoundII$ClH COfjfACTto HOyenE ADelAESS TMXlRpoundS5 CHlCKpoundD Reijw pound1

tl~l L Bu

II

I 2 L CLOlc CIESCIIPltON Al SgtltH I ul1poundII~tlS ~~IIIAGE I~t Gt I~ IEYESrF IQpoundHtWytNQ CHAlUCTElIlSflCS HAM( ILf -~O()D r()(AOtA(~

nfI

IClNSE I YEAR Of VEtiICU IDESCA~t~~c rflIWpoundHIQeuro

Witn8S5H and suspects not amed above should be lOeollhed alld -lis led before begloomg nIIaloe ~

I i~ bull

~

J 0 2-4-83 at approzlaamptel 8 10 middotP we n1t11rec1 _C1IIIet rebbuy Jl prosrea at the l SbIIIIroek atadn 2602 811) _ v _Yin4 om upatdaer wue P1namp to aaalat Ha4 bed Uaat lrect1DD fraa 286 aIIIl 1Ioru Ii

r~ ~t dlraetl t~ the Mlghborha04 ana ~ the u tatioa Y1a 358 ad Ioetory a1Dce 1 tJaa supeet Mel nportedly fled to that _ea _peet 4acTtbC a blapanie sale

~ S7 amp0 5 all 1IIIUtq a ltPt colozed a1drt ad dad pClt8

[r~ether ntll Jllliacou Pol1c~ a1ts we him a search of the area behind the service etat1tJR alJMaa tile 2900 blk of Beaec St AaotheT broa4cut 011 the polle 1IODitOr indicated

tbat a tnabject bacI Hal ZWD11II eut aJoaa the 2900 Itlk of Bmec and VI 1J2dlate1[ oar biele au4 MpD foot -reb Sa the area of hnklh _ c Ste Report aJao aU ~Ject UcI ua1a4 tm1t1l a tndr 1a that au ~~ bull ~ JI

1 ~

r

-shy

r ~~~~~=U~TGA~~~=~=~~~--------~------T~===T~l=wm==~~~------------------~------------------------jltJ - CamprcloDa 526

Rtl 0 COttI-poundsSQtl 0

INSUlr IOE h1Ota 0

UTI 0 It4OlIpoundO 0

Otpound 0

i

~ - ~~~

y T II t C l 8~J

T - t ~ bull -w

i f 1

T E

Rn ~ ~~4---------------------+---------------------r~------------------~------------~___ ~ Ii

1 yen I~ 1 IWGl - Jms 1 IDlNtlfYIIIG CfoWIACTpoundRISTICS i C

T

E ILI lOU8

l I

- fIMSOIIt bull ~ - f middot~-middot~middoti~ ~~f STATU$ _ UTP[J1 0( ClutaJa1e OfUca PJet 1middotmiddotmiddotmiddot~middotmiddot Fmiddotmiddot~~ 0 Owe 0 coorESSooo 0 )(EO [JlfIIIIQIITWO OIFICIII bull bull

bull allUlfl$QlllY vIEW 0 ItCSUfFl(ItNT poundllOENCf 0 OHER [JlLIlcrol - _

bull

1~~~~ r~

4 ~ bullbullbull

T~~TEmiddotmiddotllplaaJ-3~-+-___ j -w1SOll~ -~ l=igt~ I

~ ~

middot-+----~----+----_l 4

P9__ 0 f__

~~~~~------------~--r~~A~T~~~~~~~fl~N~Spound~

2602 $10

~

1

2

IOJf[NSol RtCLAlOSlO TO

v I C

1 ( L

1 ( L

1 [ L 8

r

II

8

UtIMICIIS _TW~~~~l~~~~t--~k--__~~~L--_-------~L___~_--_l_______J____ ~ ~~ 1 ~~_ ~

~-~ - ~--------------~--------~~-----------------r)~~ruFpound~HSU(~H~~e~eRo------

~4 CtiD SUPPLEMENTARY REPORT pg ~of _4_ 13QZ04--144

- W ADDRES$ 04EClaquoEO fIP$()Oj COHTACTW H()IoI( ADOApoundS$ ~ _____bullbull~ I 1 L _ L

~ ~~~__------------~L---------------~----------------~~~~---------~~~ 2 ~ 111-=-------~I l

~ Mel INDEX 1114 I 117 I 111 I 120 I I ~ I i lllpea te u ~ Ratt ZM2 stII Isld DrIft for ana4 f7 tn ~l

] s As arrt_ t tile cllnt lJ1 left s1ll1l t fToDt of tile r SM

~~_ wfti 1oM __ ampMnt Mal ~1 _ be It _r It 117A t

]Offtr IIIjta 1611 bull a 1Iefter didd I lit ra1 gt 11 t tt let ernr ~t~ wtsa _

]i~ bull aIMwt 0 tM ct 1 t t ae

] III cl ImCllr IItJta s~taY lit ~IIImiddot nm-au

0HI0If IIcteJ IMO ~ f atatt_ J sUp tile leHtat

] Iw WIS bull _ Jt left n wlctta IttutJltat 11117

~tcal1 4Hd Mt 1 -UAID 1_ at tM lad

Jatarwrt wi IlL is 414 Ll Ml SIt Esce ]

J ~~~ -~ ~~t ~ ~f ~f~~ bullbull ~~~d~ - wt~

~l1 - till tIt -- _r _ ill r 1M atatt ~

] ~ ltte r __ tti tNII _tellmiddot ~ Ibullbull~ ~

middot~oM fatbullbull bull i tIMa stittbull ~ ~1M teilfW u aM

U4 tM tM tt ef datibullbulll~

-- shy

~

~ -~~-- ---shy - ~ bull

middotmiddot~-------------------------------------~~~O~Ff~EH~~~N~~~M~A~-----

~ ~CcPO SUPPLEMENTARY REPORTpg_J_of _4_ 1IQ204-144 LOCATION Of OfFEf4E

SDtItA Is1bullbull Dr1

yen ~I( IAGE IMGT IWGT IHAIR pound1[5 ClOTHlNQ DESCRIPTION

IDENTIFY O4AIIACTfAI$TlCS ~ C

f

HAIII[ AllII1II Carla

T I l

I I I I I I I Iijmiddot~ _____ MCIINDEX I-_____---____--___----I____-l-___---____A-____---___--tr Ie wttll bull poutlraquol 1Mlpect At tile sapid ttilj i t1shy

~ftH poltad tM tfty Jn Gfftcar IcCey -4 I tIIIa _t to bullbullmal lIICfical -Ql

]cter _ttft tAt ~ct1 1Opc tnd at SZ L tad u ~

i Dr 4rrtara1ebullbulln at tall 1IIsptamp1 J til yentetta Md

J--r 1 it til till wlettanll art1 1MPat) shy

]ct~fM__ tbullbull felt aamp M II a 1 1IIr t ~11 tIM 1I4-11M TIlle wtcttaa at -ttal was

IL~ 1Ir -1oa1A -tstl1Ct r Stl_ bullbullbull NII bull tM

ta ernbullbull 7Q2 sri 18-1U4 lda atlbullbull -111) 1IJMs bullbull 1IZ-1Mi

b Mtifl IIr SIt - - -- _ M aWI tile itself-r -411 - ala t bull Itt- ~ -~-- ~

~~ bull bull b bullbull ~ J ~ -

~

~ia -

j - - bull bull oJ - jbull bullbull

- 1~ - i

t _~ V~ shy r(~

~~7~ 1t1-~

10 shyI~~0MC8 ~ JIyenIIWING IUIIIIIWIIOfI L bull fATUI I bull 1it ~ - -- I2ampt - ~ _ -n 0

1~MPOIt11NG0fl1C8I bull FUDm CIA 0 CAO 0 c 0 ~ 0 tNrBEI) 0

-ampt t _ ~A ~~ ~ IIMEW 0 ~~ 0 OIH 0

t

_ _

I~fNIf ~CASsI1EO TO

~n 01 CliIIIHSE lIMn 01 ~MI VICmIII NAME II T I E i~ -1 41 w__ - C l

T middotri 1 CHECKED _ bull IINOH CCraquoITACfBgt lbull middot l ~J-----~-----+------~~--r-----------t-~-----I

shyE~ 2 _ l

T I-EST~T~A

HAIoII IVI rlOtoIf Ao~euroSS

STATE

Will WId

~ ~ ~ I

-- --- IYEM~IEHICIE IDESCAiIllOH

~ not rwned -owe IhouId De identified and tilled DeQfe eglnrnnQ narrative

1 I I I I ~ shy-

middotmiddot1 bull - middot c

y middot y III D-IJ-a Judle e1JP]I( IF tss dill __ )1aT s bullbull1 E IT ~ tIfSbull at W 1 1M dlat ~ tIIIII bullbullbullbullbull1 IT a M III ~_ EII 6ac ~ tie

WSF -J IIE II1CteA ff lit if l~ bull - (-1 hi_a U - -u bull dat 11M __ u JAltt tM u- 1-__1 mat ~ =1- I ff - tie _ dIIIt t =n wa tde II 5 _ - ~ tst 1M3 bull -Mt H_ 1 4Is _ dill MI _ MtII J

2S~ I I dIrIII IIa ttK we u _ IrWaJ 2ItL H- Elit E _ Jp - 26tk Itt Meal _ 210 ~T - - S1IIt J II _ J8t -1

1 I lit _ 4t1t efJftlk_I bull c 4ZIt ~ t 1 W4bullbull Ida _ ~ -rk WSFbullbulld II _ Mniu 2l1li Id bull tIICd ef 11Mq 4tIl JIa widell 1 erI bull tata1 t6LlJ Me ~ w eIMIck _ 1taMwa lltIl

- 1IrbullbullJ_LLf ~ - tIIIu tile ~ ~ h T tlaa tJt - atPt

I 1IltIa 1M warbn wa u tnMF middotbullbullbullek

[

STATUS

0 Tt-~===0If==1C8I=~------------t FILIO WITH OIl 0 CA 0 JI 0 Me 0 COtftSSION 0 1shy IIMBMIOIIY MYIIiW 0 ICIIHT IWIIHCl 0

Y fIIDCII JI53Ailmiddot

  • Pt 4a
  • Pt 4b
  • Part 4c
  • Pt 4c
  • Pt 4d